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STATE v. MARSDEN

528 P.2d 1066 (1974)

STATE of Oregon, Appellant, v. Wallace Franklin MARSDEN et al., Respondents.

Court of Appeals of Oregon.

Decided December 9, 1974.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

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

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

LANGTRY, Judge.

The state appeals from an order suppressing evidence consisting of a revolver and ammunition, narcotics paraphernalia, marihuana and a large quantity of amphetamine pills which were seized by the police. ORS 138.060(3). This case has been consolidated for briefing and argument on appeal with State v. Behrens, Yeaman, Or. App., 528 P.2d 1069 (1974). The facts in evidence upon which the order was based are:

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