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STATE v. ELKINS

245 Or. 279 (1966)

422 P.2d 250

STATE OF OREGON v. JAMES ELKINS

Supreme Court of Oregon.

Reversed December 28, 1966.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed the brief for appellant.

George M. Joseph, Assistant District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED.

HOLMAN, J.

The defendant was indicted for the crime of illegal possession of narcotics. The indictment charged he committed the crime by having in his possession a narcotic drug known as "methadone." He has appealed from a judgment of conviction.

Defendant was sitting with an acquaintance in a parked car when a police officer asked him to identify himself. The officer upon questioning the defendant...

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