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STATE v. WILLIS

545 P.2d 1392 (1976)

STATE of Oregon, Appellant, v. Anita Elizabeth WILLIS, Respondent.

Court of Appeals of Oregon.

Decided February 17, 1976.

Attorney(s) appearing for the Case

James A. Hill, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. 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 LANGTRY and LEE, JJ.

SCHWAB, Chief Judge.

The state appeals from an order suppressing drugs seized pursuant to a warrant. The sole issue is whether the affidavit upon which the warrant was based alleged facts sufficient to create a well-warranted suspicion that the drugs were presently in the premises described in the affidavit. The relevant allegations are:

"* * * [T]his informant informed me that within the past 48 hours this informant has been in the premises of * ...

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