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STATE v. LAFFERTY

528 P.2d 1096 (1974)

STATE of Oregon, Appellant, v. Donald Duane LAFFERTY, Respondent. State of Oregon, Appellant, v. Ramona Louise Choate, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1974.

Attorney(s) appearing for the Case

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

Donald W. Chambers, Portland, argued the cause and filed the brief for respondents.

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

FOLEY, Judge.

Defendants were separately indicted for criminal activity in drugs. ORS 167.207. Prior to trial defendants moved to suppress "the search warrant" on the ground that the affidavit was fatally defective. At the suppression hearing the state conceded that the affidavit was defective and the court by order suppressed all evidence seized through the warrant, which included nearly a pound of marihuana. The state appeals pursuant to ORS 138.060(3).

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