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STATE v. MARCUS

467 P.2d 121 (1970)

STATE of Oregon, Respondent, v. Kenneth B. MARCUS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 26, 1970.

Rehearing Denied April 22, 1970.

Review Denied June 23, 1970.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause for appellant. On the brief were Howard R. Lonergan and James C. Niedermeyer, Portland.

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

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

FOLEY, Judge.

Defendant was convicted by jury of possession of marihuana and sentenced to 18 months' imprisonment. He appeals alleging error in the admission of evidence.

Pursuant to a Portland Municipal Court search warrant directing search of the person of defendant, Kenneth B. Marcus, and the premises described in the warrant for "narcotics and narcotics paraphernalia," the police, on June 20, 1967, proceeded to the described premises, a two-story house...

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