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STATE EX REL. KERNS v. READ

501 P.2d 82 (1972)

STATE of Oregon ex rel. Leland Stanford Kerns, Jr., Respondent, v. James V. READ, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1972.

Rehearing Denied October 11, 1972.

Review Granted December 5, 1972.

Attorney(s) appearing for the Case

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, argued the cause and filed the brief for appellant.

Ken C. Hadley, Baker, argued the cause for respondent. On the brief was Ralph G. Monson, Baker.

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

SCHWAB, Chief Judge.

This is an appeal by the Chief of Police of the city of Baker from an order finding him in direct contempt, ORS 33.030, for refusing to answer a question, ORS 33.010(1)(j), about the identity of an informant during a hearing on a motion to suppress in the case of State v. Kerns (Baker County Crim. Case No. 1083).

One Leland Kerns had been indicted for possession of marihuana. He moved to suppress the marihuana that was the basis of this...

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