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STATE v. BROTHERTON

465 P.2d 749 (1970)

STATE of Oregon, Respondent, v. Donny Ray BROTHERTON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1970.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jim Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Jacob B. Tanzer, Sol. Gen., and Lee Johnson, Atty. Gen., Salem.

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

BRANCHFIELD, Judge.

This is an appeal by the defendant from a judgment of conviction for illegal possession of marihuana.

The defendant was a prisoner at Rocky Butte jail, working as a trusty in the Record Management Division of Multnomah County. On the afternoon of November 9, 1967, the odor of burning marihuana was detected in the area where the defendant had been working. When the Supervisor of the Records Division, Deputy Frank Clark, went to investigate...

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