FOLEY, Judge.
Defendant was indicted on a charge of theft in the first degree, in violation of ORS 164.055. Prior to trial he moved to suppress as evidence the property involved in the theft, a pistol, on the ground that it had been unlawfully seized by the police. The trial court allowed the motion. The state appeals, pursuant to ORS 138.060(3).
In executing a search warrant calling for the search of the person of one Regina McPherson and premises described...
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