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STATE v. BRYAN

457 P.2d 661 (1969)

STATE of Oregon, Respondent, v. William Richard BRYAN, Appellant.

Court of Appeals of Oregon, In Banc.

Decided August 22, 1969.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed brief for appellant.

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on brief was George Van Hoomissen, Dist. Atty., Portland.

Before SCHWAB, C.J., and LANGTRY, FOLEY, FORT, BRANCHFIELD, JJ.

SCHWAB, Chief Justice.

Defendant was indicted, tried and convicted by jury of the crime of illegal possession of narcotics (marihuana). Defendant appeals on the ground that the marihuana was illegally seized, and, therefore, should not have been received in evidence. The marihuana was discovered and turned over to the police by persons acting in their private capacities and not with the participation or knowledge of any governmental official. Thus, the question on...

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