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STATE v. COOPER

489 P.2d 969 (1971)

STATE of Oregon, Respondent, v. Harry Morgan COOPER, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided October 19, 1971.

Rehearing Denied November 23, 1971.

Review Denied January 11, 1972.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

THORNTON, Judge.

Defendant was convicted after trial by the Circuit Court of Lane County without a jury of unlawful possession of marihuana. ORS 474.020.

The sole assignment of error is that the trial judge should have sustained defendant's motion to suppress the marihuana seized from defendant's person at the time he was apprehended by a police officer but before his formal arrest.

The question presented for decision is: Did the officer have probable...

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