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STATE v. DELKER

552 P.2d 1313 (1976)

STATE of Oregon, Appellant, v. Robert Arthur DELKER, Respondent.

Court of Appeals of Oregon.

Decided August 16, 1976.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Burgess, Asst. Atty. Gen., Salem.

Howard R. Lonergan, Portland, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

The state appeals from an order suppressing evidence and dismissing the indictment of defendant, a postal employe, for possession of gambling records. ORS 167.137.

The crucial issue is the sufficiency of the affidavit on which the warrant for the search of defendant's apartment was issued. The search resulted in the seizure of the gambling records involved.

The trial court found that the...

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