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STATE v. WELLER

496 P.2d 735 (1972)

STATE of Oregon, Respondent, v. Janet WELLER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 4, 1972.

Rehearing Denied May 25, 1972.

Review Granted July 25, 1972.

Attorney(s) appearing for the Case

Stephen S. Walker, Portland, argued the cause and filed the brief for appellant.

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

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

LANGTRY, Judge.

Defendant, tried by the court, appeals from a guilty finding on a charge of possession of marihuana and resulting sentence. Former ORS 474.020.

The defendant contends that there was insufficient evidence of possession by the defendant. The police had a valid warrant for search for marihuana of the upstairs of the premises at 3914 SE Schiller Street, Portland, based upon officers seeing marihuana growing in pots at a window on September 2, 1971...

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