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STATE v. PETERSON

469 P.2d 40 (1970)

STATE of Oregon, Respondent, v. Ronald Alexander PETERSON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 14, 1970.

Rehearing Denied July 7, 1970.

Review Denied August 18, 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.

G. Dwyer Wilson, Deputy Dist. Atty., Hillsboro, argued the cause for respondent. With him on the brief was Ray D. Robinett, Dist. Atty., Hillsboro.

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

LANGTRY, Judge.

The defendant appeals from conviction of illegal possession of marihuana, ORS 474.020, and assigns as error the denial of his motion to suppress evidence. The motion was made after testimony concerning the evidence seized had commenced in the jury trial.

Officers testified that the defendant and a companion were detected on school property at 11:53 p.m., on July 6, 1968. When one officer went closer to investigate, they ran. He caught one after...

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