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STATE v. PAYNE

42354, 42355; CA A32240, A32241.

696 P.2d 1147 (1985)

72 Or.App. 631

STATE of Oregon, Respondent, v. Leslie Dianne PAYNE, Appellant. State of Oregon, Respondent, v. Walter Roy Payne, Appellant.

Court of Appeals of Oregon.

Decided March 20, 1985.

Attorney(s) appearing for the Case

Thomas L. Gallagher, Corvallis, argued the cause for appellants. With him on the briefs was Michael D. Barker, Corvallis.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Robert E. Barton, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendants appeal their convictions for manufacture and possession of a controlled substance, marijuana. ORS 475.992. They contend that their motion to suppress evidence seized from their residence pursuant to a search warrant should have been granted. We reverse and remand for a new trial.

There are two search warrants involved in this case. During an aerial search for marijuana on July 22, 1983, Oregon State Police Officer Nelson...

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