STATE v. KIRKPATRICK

No. 54692; CA 15501.

609 P.2d 433 (1980)

45 Or.App. 899

STATE of Oregon, Appellant, v. Donald Eugene KIRKPATRICK, Respondent.

Court of Appeals of Oregon.

Decided April 14, 1980.


Attorney(s) appearing for the Case

Jan P. Londahl, 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.

Robert T. Scott, Albany, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


ROBERTS, Judge.

The state appeals from the order of the trial court granting defendant's motion to suppress evidence obtained in a search of defendant's house pursuant to a warrant issued on February 22, 1979. We reverse.

The search warrant was issued on the basis of information provided by two children who lived next door to defendant. The children were brother and sister, aged 11 and 9 respectively. They had complained on several occasions to their parents...

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