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STATE v. ZIELINSKI

No. 18334.

805 P.2d 1240 (1991)

119 Idaho 316

STATE of Idaho, Plaintiff-Respondent, v. Stanislaus ZIELINSKI, Defendant-Appellant.

Supreme Court of Idaho, Twin Falls, October 1990 Term.

February 20, 1991.

Attorney(s) appearing for the Case

Randy J. Stoker, Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen., and Michael J. Kane, Deputy Atty. Gen., Boise, for plaintiff-respondent. Michael J. Kane, argued.

JOHNSON, Justice.

This case involves the procedure for issuing a search warrant. The case was dismissed by the magistrate judge because no record existed of an oral affidavit that was presented in support of a search warrant issued by another magistrate judge. Following Ebersole v. State, 91 Idaho 630, 428 P.2d 947 (1967), we hold that the lack of a record of an affidavit upon which...

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