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STATE v. AGE

No. 77-128 C; CA 9998 and No. 77-211 C; CA 10351.

590 P.2d 759 (1979)

38 Or.App. 501

STATE of Oregon, Respondent, v. Jesse Lee AGE, Appellant. State of Oregon, Respondent, v. Alan Dale Hicks, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

S. Randall Johnson, Certified Law Student, Salem, argued the cause for appellants. With him on the brief were Gary D. Babcock, Public Defender, and Marianne Oswald, Deputy Public Defender, Salem.

Kathryn A. Logan, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

BUTTLER, Judge.

Defendants in this consolidated appeal were jointly tried and convicted for criminal activity in drugs (possession of more than one ounce of marijuana). Defendant Age was sentenced to five years on probation and defendant Hicks was sentenced to four years on probation. They have raised three assignments of error on appeal, each of which is discussed below.

I. Denial of Motion to Suppress

Defendants contend that the affidavit filed...

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