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STATE v. FISHER

484 P.2d 864 (1971)

STATE of Oregon, Appellant, v. Nicholas Harry FISHER, Respondent.

Court of Appeals of Oregon, Department 1.

Decided May 6, 1971.

Rehearing Denied June 8, 1971.

Attorney(s) appearing for the Case

James C. Farrell, Deputy Dist. Atty., Roseburg, argued the cause for appellant. With him on the brief was Doyle L. Schiffman, Dist. Atty. Roseburg.

Arthur A. Wilson, Roseburg, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

Defendant was indicted for unlawful possession of marihuana in violation of ORS 474.020. Prior to trial he successfully moved to suppress the evidence, marihuana, seized by the arresting policeman. The state appeals under the provisions of ORS 138.060(4),1 contending that the order of suppression was not supported by the evidence.

The arresting officer testified that he stopped the defendant as a routine traffic...

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