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STATE v. HICKMANN

534 P.2d 1153 (1975)

STATE of Oregon, Appellant, v. Gary Francis HICKMANN, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1975.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and FORT and LEE, JJ.

FORT, Judge.

Defendant was charged with criminal activity in drugs, ORS 167.207. He filed a motion to suppress evidence seized by the police coincidentally with his warrantless arrest within his domicile and search thereof. The court allowed the motion and the state appeals, ORS 138.060(4).

In such an appeal it is elementary that the findings of fact of the trial judge, if supported by substantial evidence, are binding on this court. State v. Johnson/Imel...

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