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STATE v. RUTHERFORD

477 P.2d 911 (1970)

STATE of Oregon, Respondent, v. Wallace T. RUTHERFORD, Appellant.

Court of Appeals of Oregon, Department 1.

Decided December 10, 1970.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause and filed the briefs 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.

SCHWAB, Chief Judge.

Defendant was convicted of possession of marihuana under ORS 474.020. On appeal he contends that the court erred in (1) denying his motion to suppress which was based on the ground that the warrant was invalid; (2) in denying his motions for judgment of acquittal or for directed verdict which were based on the grounds that the state did not show possession or felonious intent to possess, and (3) instructing the jury on (a) constructive possession...

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