STATE v. BECICH

No. 72-3196.

509 P.2d 1232 (1973)

STATE of Oregon, Appellant, v. Lawrence William BECICH, Respondent.

Court of Appeals of Oregon.

Decided May 21, 1973.


Attorney(s) appearing for the Case

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

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

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


FOLEY, Judge.

This is an appeal by the state from an order suppressing evidence. Defendant's house was searched, pursuant to a search warrant, for two items of stolen property, an antique mantel clock and a portable television set. The search disclosed three large plastic bags of marihuana and defendant was indicted for criminal activity in drugs, ORS 167.207. The trial court suppressed the evidence without making findings...

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