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STATE v. CORTEZ

497 P.2d 1228 (1972)

STATE of Oregon, Respondent, v. Henry CORTEZ, Appellant.

Court of Appeals of Oregon, Department 2.

Decided June 15, 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.

Robert M. Burrows, Dist. Atty., Grants Pass, argued the cause for respondent. With him on the brief was Robert F. Webber, Deputy Dist. Atty., Grants Pass.

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

LANGTRY, Judge.

Defendant was convicted and sentenced for possession of dangerous drug. (ORS 475.100.) The material assignment of error is that defendant's motion to suppress evidence should have been sustained.

A deputy sheriff observed an automobile at about 1:25 a.m. on March 8, 1971, driving on the wrong side of the road, make a turn onto another road, and continue on the wrong side. When he attempted to stop...

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