STATE v. ROBERTSON

No. 2 CA-CR 405.

22 Ariz. App. 220 (1974)

526 P.2d 744

The STATE of Arizona, Appellant, v. Delma ROBERTSON, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 22, 1974.

Review Granted November 26, 1974.


Attorney(s) appearing for the Case

N. Warner Lee, Atty. Gen., Edward L. Dawson, Gila County Atty., Globe, for appellant.

Donald C. Premeau, Globe, for appellee.


OPINION

HATHAWAY, Chief Judge.

This is an appeal from a superior court order granting a motion to suppress. The state contends that the court erred in ruling that a search warrant issued by a justice of the peace was invalid because the affidavit in support thereof was insufficient and unrecorded testimony given at the time of its issuance could not be presumed to provide the needed probable cause.

On March 24, 1974, police officers responded to a...

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