STATE v. SMITH


500 P.2d 1217 (1972)

STATE of Oregon, Respondent, v. Thomas Gerald SMITH, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 18, 1972.


Attorney(s) appearing for the Case

Nick I. Goyak, and O'Connell, Goyak & Haugh, Portland, for appellant.

Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and John W. Burgess, Special Asst. Atty. Gen., Salem, for respondent.

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


FORT, Judge.

Defendant was convicted of the crime of illegal possession of marihuana. He appeals assigning as sole error the denial of his motion to suppress.

Defendant had been stopped by a patrolling deputy sheriff at about 1:30 a.m. on October 28, 1971, in the outlying areas of northeast Portland while operating a motor vehicle. Defendant alighted as the officer approached the car. The officer asked him for his driver's license. The defendant, while in...

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