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STATE v. MONTGOMERY

474 P.2d 780 (1970)

STATE of Oregon, Respondent, v. James R. MONTGOMERY, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 2, 1970.

Attorney(s) appearing for the Case

John Toran, Jr., Portland, argued the cause and filed the brief for appellant.

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

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

BRANCHFIELD, Judge.

A jury found the defendant guilty of possession of narcotics. The defendant contends that the trial court erred (1) in denying a motion for acquittal on the grounds that the state failed to prove actual or constructive possession of narcotics, and (2) in denying a motion for mistrial after narcotics apparatus, which was unconnected with the accused, was admitted into evidence. The defendant contends, further (3) that he has been subjected to double...

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