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STATE v. McMANUS

517 P.2d 250 (1973)

STATE of Oregon, Respondent, v. Steve McManus, Petitioner.

Supreme Court of Oregon.

Decided December 13, 1973.

Attorney(s) appearing for the Case

Keith Burns, Portland, argued the cause for petitioner. With him on the briefs was Jane Edwards, Portland.

Thomas H. Denney, 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 O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

BRYSON, Justice.

The defendant was indicted for Criminal Activity in Drugs (ORS 167.207). The defendant filed a motion to quash the search warrant and to suppress the evidence (marijuana) seized. It was stipulated that the court would hear the case without a jury and try "the issues in the indictment and the issues raised by the motion to quash and suppress at the same time."

The trial court denied defendant's "Motion...

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