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STATE v. RUSSELL

CA A20189; SC 28331.

650 P.2d 79 (1982)

293 Or. 469

STATE of Oregon, Petitioner On Review, v. Leland P. RUSSELL, Respondent On Review.

Supreme Court of Oregon.

Decided August 24, 1982.

Attorney(s) appearing for the Case

Charles Lee, Deputy Dist. Atty., Roseburg, argued the cause and filed the petition and brief for petitioner on review.

Dean Heiling, Roseburg, argued the cause for respondent on review. On the brief was Jack L. Banta, Roseburg.

Before DENECKE, C.J. and LENT, LINDE, PETERSON, TANZER and CAMPBELL, JJ.

TANZER, Judge.

The state appeals an order suppressing evidence found in the execution of two search warrants.1 The Court of Appeals, in banc, 55 Or.App. 201, 636 P.2d 967, affirmed without opinion by an evenly divided court. The issue is whether an informant's credibility was established in a legally acceptable manner. We conclude that it was not.

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