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STATE v. DRUMMOND

941127, 941128; CA A85867 (Control), A85868.

903 P.2d 925 (1995)

137 Or. App. 168

STATE of Oregon, Appellant, v. Kathy Linda DRUMMOND, Respondent. STATE of Oregon, Appellant, v. Robert Horace DRUMMOND, Respondent.

Court of Appeals of Oregon.

Decided October 11, 1995.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Robert J. McCrea, Eugene, argued the cause for respondents. With him on the brief was Robert W. Connell, Newport.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

In this consolidated case, the state appeals a pretrial order suppressing evidence. We affirm.

Defendants were indicted on six counts of manufacture, delivery and possession of a controlled substance. They moved to suppress evidence seized in a search of their residence, arguing that the state had not proved that the search was conducted pursuant to a warrant. The trial court granted their motion, and the state appeals.

The...

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