STATE v. EVANS


463 P.2d 378 (1970)

STATE of Oregon, Respondent, v. Fred Victor EVANS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided January 8, 1970.

Rehearing Denied February 26, 1970.

Review Denied March 17, 1970.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Attorney General, Salem, argued the cause for respondent. With him on the brief was Roger Rook, Dist. Atty., Oregon City.


FORT, Judge.

The defendant was convicted of the crime of illegal possession of marihuana. ORS 474.020. In appealing he sets forth three assignments of error. We consider them seriatim following a brief summary of the facts.

The police received information from an informer indicating that marihuana was present at the defendant's premises. Accordingly a search warrant was sought based upon an affidavit by a police officer which states in its pertinent portions...

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