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STATE v. MARQUARDT

No. 24540; CA 14367.

603 P.2d 1198 (1979)

43 Or.App. 515

STATE of Oregon, Respondent, v. James Edward MARQUARDT, Appellant.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Warren John West, Bend, argued the cause for appellant. With him on the brief was Forcum, West & Speck, and Leonard C. Parker, Bend.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

THORNTON, Judge.

Defendant appeals his conviction of possession of a controlled substance (ORS 475.992(4)) and assigns as error the denial of his motion to suppress the fruits of a search of his house on the ground that the affidavit forming the basis for the issuance of the warrant showed on its face that the information contained in the affidavit was stale. The warrant was sought and issued on February 3, 1979. The allegations...

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