STATE v. HENDERSON


493 P.2d 75 (1972)

STATE of Oregon, Respondent, v. John Justin HENDERSON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided January 28, 1972.

Rehearing Denied February 23, 1972.

Review Denied March 31, 1972.


Attorney(s) appearing for the Case

Bryan T. Hodges, Eugene, argued the cause for appellant. On the briefs were Linklater & Hodges, Eugene.

Joseph F. Ceniceros, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

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


PER CURIAM.

Defendant was convicted of possession of marihuana. ORS 474.020. The marihuana introduced at trial was seized pursuant to a search warrant. It consisted of marihuana plants taken from the backyard of defendant's residence and marihuana and a pipe taken from within his residence building.

On appeal he argues that the affidavit and the warrant were insufficient to support the search of or seizure from either the backyard or the house. It is not necessary...

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