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STATE v. SMITH

500 P.2d 269 (1972)

STATE of Oregon, Respondent, v. James E. SMITH, Appellant.

Court of Appeals of Oregon, Department 1.

Decided August 10, 1972.

Rehearing Denied August 23, 1972.

Review Denied September 26, 1972.

Attorney(s) appearing for the Case

Darrell E. Bewley, Portland, argued the cause for appellant. With him on the brief were Francis F. Yunker, and Sherwood, Barnes & O'Dell, Portland.

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 FORT and THORNTON, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of illegal possession of heroin and, as an ex-convict, of illegal possession of a firearm. His sole contention on appeal is that the heroin and the firearm seized from his residence pursuant to a search warrant should not have been received in evidence against him because the police did not knock and announce their identity and purpose prior to entry into his residence. We agree with the trial judge that there were exigent...

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