STATE v. WESTBROOK


482 P.2d 547 (1971)

STATE of Oregon, Respondent, v. Eugene WESTBROOK, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 11, 1971.


Attorney(s) appearing for the Case

James T. Fitting, Beaverton, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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


LANGTRY, Judge.

Defendant appeals from conviction of illegal possession of narcotics. Defendant was arrested in the home where he had lived for several years, at a time when officers executed a search warrant. The state contended that defendant operated a "shooting gallery;" a place where drug addicts come to purchase shots of narcotics, administered on the premises.

The testimony of one officer was that as he broke through the rear door of the residence he...

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