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STATE v. WITWER

Nos. 5982, 6010.

642 P.2d 828 (1982)

STATE of Alaska, Petitioner and Cross-Respondent, v. Richard WITWER, Respondent and Cross-Petitioner.

Court of Appeals of Alaska.

April 8, 1982.

Attorney(s) appearing for the Case

George W. Edwards, Asst. Dist. Atty., Larry R. Weeks, Dist. Atty., Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for petitioner and cross-respondent.

Patrick J. McKay, Pestinger & McKay, Anchorage, for respondent and cross-petitioner.

Before BRYNER, C.J., COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

The state has petitioned for review of a decision of the superior court quashing a search warrant and suppressing evidence obtained through its use.1 We grant the petition, reverse in part, and remand for further proceedings.

The relevant facts must be gleaned from the affidavit itself, since no oral testimony was taken by the magistrate. See Aguilar...

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