STATE v. BLACKBURN


499 P.2d 1325 (1972)

STATE OF OREGON, Appellant, v. Reid Turner Blackburn, Respondent. STATE of Oregon, Appellant, v. Bruce Cameron Barber, Respondent.

Court of Appeals of Oregon, Department 2.

Decided August 10, 1972.


Attorney(s) appearing for the Case

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

H.W. Devlin, McMinnville, argued the cause and filed the brief for respondents.

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


THORNTON, Judge.

This is an appeal by the state from orders suppressing evidence in two criminal cases which were consolidated for hearing both in the trial court and in this court.

The trial judge ruled that the search warrant under which rooms occupied by defendants in a multiple-occupancy basement were searched and a quantity of marihuana seized was fatally defective for the reason that it failed to describe the place to be searched with sufficient particularity...

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