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STATE v. HEAD

509 P.2d 52 (1973)

STATE of Oregon, Appellant, v. Gary Lee HEAD, Respondent.

Court of Appeals of Oregon.

Decided April 25, 1973.

Rehearing Denied May 17, 1973.

Review Denied July 3, 1973.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

William C. Tharp, certified law student, Willamette University, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

THORNTON, Judge.

Pursuant to ORS 138.060(4), the state appeals from the granting of a motion to suppress evidence.

Defendant was indicted for criminal activity in drugs, ORS 167.207, under a two count indictment charging possession of both heroin and marihuana. Prior to trial, defendant moved to suppress the drugs which were the subject of the indictment. The trial court granted the motion and suppressed all the drugs seized.

We reverse.

The...

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