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STATE v. LEO

480 P.2d 456 (1971)

STATE of Oregon, Respondent, v. Carl Arthur LEO, Aka Cal Leo, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 11, 1971.

Attorney(s) appearing for the Case

M.F. McClain, Corvallis, argued the cause for appellant. With him on the brief were Ringo, Walton, McClain & Eves, Corvallis.

Frank D. Knight, Dist. Atty., Corvallis, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

FORT, Judge.

Defendant was convicted of unlawful possession of narcotics. He appeals, assigning as sole error the denial of his motion to suppress certain evidence seized in a private home pursuant to a search warrant issued by the district judge.

The warrant was issued after the filing of the following affidavit:

"I, JAMES MONTGOMERY, being first duly sworn on oath, depose and say that: "I am a detective with the Corvallis Police Department...

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