STATE v. O'BRIEN

No. 2 CA-CR 404.

22 Ariz. App. 425 (1974)

528 P.2d 176

The STATE of Arizona, Appellant, v. James Frances O'BRIEN, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 27, 1974.

Review Granted January 28, 1975.


Attorney(s) appearing for the Case

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

Cavness & DeRose, by William L. Tifft, Globe, for appellee.


OPINION

HATHAWAY, Chief Judge.

The state is appealing an order granting a motion to suppress. Because we find the affidavit in support of the search warrant is insufficient, we affirm.

The facts show that on March 11, 1974, an investigator for the Gila County Sheriff's Department received information from an informant about a criminal act involving marijuana. A search warrant was issued by the Globe justice of the peace on the following affidavit:...

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