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STATE v. JONES

No. 4457.

627 P.2d 413 (1980)

96 N.M. 18

STATE of New Mexico, Plaintiff-Appellant, v. Eldridge O. JONES, Defendant-Appellee.

Court of Appeals of New Mexico.

July 3, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

John B. Bigelow, Chief Public Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

HENDLEY, Judge.

Defendant's motion to suppress certain physical evidence (narcotics) was granted and the State appeals. We affirm.

At the hearing on the motion to suppress, the only evidence offered was the affidavit for the search warrant. Neither side offered the testimony of any witness. The following is a summary of the contents of the affidavit:

1. Affiants are Albuquerque Police Department...

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