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STATE v. KOBERSTEIN

493 P.2d 176 (1972)

STATE of Oregon, Respondent, v. Wayne KOBERSTEIN and Kathryn Ann Koberstein, Appellants.

Court of Appeals of Oregon, Department 1.

Decided February 4, 1972.

Rehearing Denied March 7, 1972.

Review Denied April 25, 1972.

Attorney(s) appearing for the Case

Joseph P. Morray, Corvallis, argued the cause for appellants. With him on the brief were Colley & Morray, Corvallis.

Todd G. Brown, Deputy Dist. Atty., Corvallis, argued the cause for respondent. With him on the brief was Frank D. Knight, Dist. Atty., Corvallis.

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

FORT, Judge.

Defendants, husband and wife, were indicted for unlawful possession of narcotics. ORS 474.020. They waived trial by jury and were convicted by the court. They appeal, asserting as sole error the denial of their motion to suppress certain evidence seized in their apartment. Although separately indicted, their cases were, with their consent, consolidated for trial and upon appeal.

Defendants resided at...

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