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STATE v. BROWN

461 P.2d 836 (1969)

STATE of Oregon, Respondent, v. Clark BROWN, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 21, 1969.

Rehearing Denied December 16, 1969.

Review Denied January 27, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was J. Marvin Kuhn, Deputy Public Defender, Salem.

F. LaGard Smith, Deputy Dist. Atty., Vale, argued the cause for respondent. With him on the brief was H. Clifford Looney, Dist. Atty., Vale.

Argued and Submitted at Pendleton October 28, 1969.

LANGTRY, Judge.

This is an appeal from a conviction of unlawful cultivation of a narcotic drug (ORS 474.030), after waiver of jury and trial by the court. The claimed error is the trial court's order denying a motion to suppress evidence which consisted of marihuana plants seized in a greenhouse pursuant to a search warrant.

The evidence showed that a police officer, in casual conversation with a...

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