STATE v. ELLIOTT


499 P.2d 342 (1972)

STATE of Oregon, Respondent, v. Charles James ELLIOTT, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 27, 1972.


Attorney(s) appearing for the Case

Terry K. Haenny, Salem, filed the brief for appellant.

Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for respondent.

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


SCHWAB, Chief Judge.

Defendant appeals from a conviction for possession of marihuana, assigning as error the denial of his motion to suppress the evidence that was the basis of this charge.

While driving a pickup truck, defendant was stopped by a police officer for a traffic violation. As defendant pulled out his wallet, after being asked to produce his driver's license, a pack of cigarette papers fell to the ground. As defendant handed over his license, the...

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