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STATE v. THACKER

496 P.2d 729 (1972)

STATE of Oregon, Respondent, v. Thomas Lynn THACKER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 4, 1972.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

John H. Clough, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

THORNTON, Judge.

Defendant appeals his conviction for the illegal possession of marihuana under former ORS 474.020. He assigns as error the denial of his motion to suppress evidence seized in a search of defendant's residence pursuant to a search warrant.

The issuance of the search warrant was based on the following affidavit:

"I, Richard Grossnicklaus, depose and state: "That I am a deputy sheriff in Linn County Oregon and have been so...

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