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STATE v. SWIGERT

No. 383; CA 12639.

593 P.2d 1302 (1979)

40 Or.App. 121

STATE of Oregon, Appellant, v. David Douglas SWIGERT, Respondent.

Court of Appeals of Oregon.

Decided May 7, 1979.

Attorney(s) appearing for the Case

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Marianne O. Bottini, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

PER CURIAM.

The state appeals from the trial court order suppressing evidence on the ground that the affidavit for a search warrant which led to its seizure did not contain a sufficient statement of probable cause. Although it was not artfully drawn, we deem it sufficient. State v. Tidyman, 30 Or.App. 537, 541, 568 P.2d 666, rev. den. (1977).

Reversed and remanded...

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