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STATE v. WATERBURY

No. J79-2319; CA 18002.

622 P.2d 330 (1981)

50 Or.App. 115

STATE of Oregon, Respondent, v. Norman Lee WATERBURY, Appellant.

Court of Appeals of Oregon.

January 19, 1981.

Reconsideration Denied February 26, 1981.

Attorney(s) appearing for the Case

Stephen L. Behrends, Eugene, argued the cause for appellant. With him on the brief was Charles O. Porter, Eugene.

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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

CAMPBELL, Judge.

Defendant was found guilty of manufacturing marijuana. Prior to trial, he moved to suppress evidence seized under a search warrant and also for an order to compel the state to disclose the name of a confidential informer and to compel his appearance at the motion to suppress hearing. The trial court denied both motions. Two issues are raised by this appeal: first, whether the state is required to disclose the identity of an informant where the informant...

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