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STATE v. ALBERTSON

462 P.2d 458 (1969)

STATE of Oregon, Respondent, v. Emery Llewellyn ALBERTSON and Joan Elizabeth Albertson, Appellants.

Court of Appeals of Oregon In Banc.

Decided December 18, 1969.

Rehearing Denied January 27, 1970.

Review Denied February 26, 1970.

Attorney(s) appearing for the Case

G. Bernhard Fedde, Portland, argued the cause and filed the brief for appellants.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

LANGTRY, Judge.

Defendants, having waived a jury trial, were convicted by the court of illegal possession of narcotics (marihuana), under ORS 474.020(1).

The substance of their assignment of error is that evidence upon which a search warrant was issued was illegally obtained, and should have been suppressed.

The defendants were tenants of about one-half of a small acreage owned by a Mrs. Adams. Mrs. Adams...

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