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STATE v. BURNS

516 P.2d 479 (1973)

STATE of Oregon, Appellant, v. Boyd Robert BURNS and Richard Lee Sundquist, Respondents.

Court of Appeals of Oregon.

Decided December 10, 1973.

Attorney(s) appearing for the Case

John Hunnicutt, Deputy Dist. Atty., St. Helens, argued the cause and filed the brief for appellant.

Robert P. Van Natta, St. Helens, argued the cause for respondents. With him on the brief were Van Natta & Petersen, St. Helens.

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

FOLEY, Judge.

This is an appeal by the state from an order of the trial court suppressing evidence. It appears from the order allowing the motion to suppress that a hearing on the motion was held at which testimony was produced by the state. However, the state in its designation of record designated from the transcript only that portion in which the court gave its reasons for allowing the motion to suppress. Thus we do not have before us the facts

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