STATE v. FUGATE


545 P.2d 922 (1976)

STATE of Oregon, Respondent, v. Douglas Leo FUGATE, Appellant. State of Oregon, Respondent, v. Danny Ray Peterlla, Appellant.

Court of Appeals of Oregon.

Decided February 17, 1976.


Attorney(s) appearing for the Case

Stephen A. Moen, Portland, argued the cause and filed the brief for appellants.

James A. Hill, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


LANGTRY, Judge.

Defendants were arrested at the same time in the same premises and each charged in separate indictments with four counts of criminal activity in drugs. Together, they moved to suppress drugs seized pursuant to a search warrant at their time of arrest on the ground that the affidavit forming the basis for the warrant was insufficient. The motions were denied; thereafter, they each stipulated to the facts of one count each of the respectively applicable...

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