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STATE v. SWAIN

517 P.2d 684 (1974)

STATE of Oregon, Respondent, v. Mark SWAIN, Petitioner. State of Oregon, Respondent, v. Jeff C. Goldsmith, Petitioner.

Supreme Court of Oregon, In Banc.

Decided January 4, 1974.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for petitioners.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

HOLMAN, Justice.

The defendants were indicted and convicted for illegal possession of drugs. ORS 167.207(3). The conviction was upheld by an opinion of the Court of Appeals, Or. App., 97 Adv.Sh. 406, 510 P.2d 1341 (1973). This court granted review. The drugs were seized as the result of a search conducted pursuant to a warrant. The error charged is permitting the State to introduce the drugs in evidence.

Subsequent to the...

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