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STATE v. MATHIS

544 P.2d 170 (1976)

STATE of Oregon, Appellant, v. Stewart Lee MATHIS, Jr., Respondent.

Court of Appeals of Oregon.

Decided January 12, 1976.

Attorney(s) appearing for the Case

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

James C. Farrell, P.C., Roseburg, argued the cause and filed the brief for respondent.

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

FOLEY, Judge.

The state appeals from an order of the Circuit Court for Douglas County suppressing evidence. ORS 138.060(3). The evidence was seized under a search warrant issued by a district court judge based on a police officer's affidavit together with the officer's supplemental sworn testimony given to the judge at the time he made application for the warrant.

At the time the application for search warrant was made to the district court judge the police...

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