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STATE v. HARP

Nos. 10-79-08181; CA A24954; 10-79-08180; CA A25012.

685 P.2d 432 (1984)

68 Or.App. 666

STATE of Oregon, Appellant, v. Janie Lee HARP, Respondent. State of Oregon, Appellant, v. Grandville Gene HARP, Jr., Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted May 2, 1984.

Decided June 13, 1984.

Reconsideration Denied September 7, 1984.

Attorney(s) appearing for the Case

Dan E. Neal, Eugene, argued the cause for respondents. With him on the brief was Neal & Krambs, Eugene.

Robert E. Barton, 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.

Resubmitted In Banc May 2, 1984.

NEWMAN, Judge.

The state appeals pretrial orders granting defendants' consolidated motions to controvert the affidavit supporting a search warrant and to suppress evidence seized under it. ORS 138.060(3). In State v. Harp, 48 Or.App. 185, 616 P.2d 564, rev. den. 290 Or. 171 (1980), (Harp I), this court reversed an earlier suppression...

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