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STATE v. HODGES

No. 78-58 C; CA 12465.

603 P.2d 1205 (1979)

43 Or.App. 547

STATE of Oregon, Respondent, v. Edward George HODGES, Appellant.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Mary Linda Pearson, Monmouth, argued the cause and filed the brief for appellant.

Robert C. Cannon, 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.

TANZER, Presiding Judge.

The defendant appeals his conviction of arson of his house and of the intentional murder of his wife by means of the same arson of his house. We affirm in part and reverse in part.

I. MOTION TO SUPPRESS SEIZED EVIDENCE

Defendant assigns as error the denial of his motion to suppress evidence seized at the defendant's house. His challenge is in two parts: He argues (1) that the affidavit upon which the search warrant was based...

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