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STATE v. PRUE

No. CR 80-250.

614 S.W.2d 221 (1981)

STATE of Arkansas, Appellant, v. Michael Devond PRUE and Cathy Lucille PRUE, Appellees.

Supreme Court of Arkansas.

Rehearing Denied May 11, 1981.

Attorney(s) appearing for the Case

Steve Clark, Atty. Gen., by Joseph H. Purvis, Deputy Atty. Gen., Little Rock, for appellant.

Jeff Duty, Rogers, for appellees.

PURTLE, Justice.

This is an interlocutory appeal on behalf of the state from the order of the Benton County Circuit Court suppressing certain evidence because of the deficiency of the affidavit for a search warrant. We think the trial court made the proper decision under the circumstances.

The affidavit for the search warrant stated in pertinent part as follows:

The undersigned being duly sworn deposes and says: That he (has reason to believe) that...

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