STATE v. CATE


491 P.2d 627 (1971)

STATE of Oregon, Respondent, v. Larry Vern CATE, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 9, 1971.

Rehearing Denied January 4, 1972.

Review Denied February 23, 1972.


Attorney(s) appearing for the Case

Monte C. McKeehen, Certified Law Student, Eugene, argued the cause for appellant. With him on the brief were Jon A. Joseph, Supervising Atty., and Ronald J. Jarman, Certified Law Student, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, Judges.


FORT, Judge.

Defendant, having waived a jury, was convicted by the court of illegal possession of narcotics. ORS 474.020. He appeals, and assigns as error denial of his motion to suppress evidence.

The evidence of the police officer alone was sufficient to establish the following:

During business hours on the morning of July 8, 1970, Oregon State Police Officer Veteto had occasion to telephone Mrs. Margaret Whitsell about certain matters unrelated...

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