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STATE v. HATTERSLEY

Nos. 43036 and 44553; CA A20882.

641 P.2d 634 (1982)

STATE of Oregon, Appellant, v. Lawrence Charles HATTERSLEY, Respondent.

Court of Appeals of Oregon.

Decided March 8, 1982.

Reconsideration Denied April 15, 1982.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

J. Michael Alexander, Salem, argued the cause for respondent. With him on the brief was Brown, Burt, Swanson, Lathen & Alexander, Salem.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

GILLETTE, Presiding Judge.

The state appeals from an order of the trial court suppressing evidence. The court ordered that a note, allegedly written by a co-conspirator, together with certain conversations between defendant and a witness were inadmissible until the state made a prima facie showing that there had been a conspiracy. The court further ruled that the evidence the state indicated it had available, aside from the note and the conversations, was not...

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