STATE v. ANSPACH

Nos. J81-2651, J81-2652; CA A25219.

682 P.2d 786 (1984)

68 Or.App. 164

STATE of Oregon, Appellant-Cross-Respondent, v. Sally ANSPACH, Respondent-Cross-Appellant. State of Oregon, Appellant-Cross-Respondent, v. Matthew Anspach, Respondent-Cross-Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted December 1, 1983.

Decided May 9, 1984.

Reconsideration Denied July 13, 1984.

Review Allowed August 8, 1984.


Attorney(s) appearing for the Case

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

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondents-cross-appellants. With him on the brief was Gary D. Babcock, Public Defender, Salem.


Resubmitted In Banc December 1, 1983.

BUTTLER, Judge.

The state appeals a pretrial order suppressing evidence obtained in the search of a residence and outbuildings in two consolidated criminal cases in which defendants were charged with manufacture and possession of marijuana. Both defendants cross-appeal from the denial of their motions to controvert the affidavit in support of the search warrant. We affirm both orders.

The supporting affidavit submitted...

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