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STATE v. VILLARREAL

505 P.2d 951 (1973)

STATE of Oregon, Respondent, v. Ruben VILLARREAL, Appellant. State of Oregon, Respondent, v. Ernesto Enrique Gonzales, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1973.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellants.

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 FOLEY and FORT, JJ.

FORT, Judge.

Defendants, separately indicted and tried for illegal possession of heroin, appeal from the resulting judgments. The appeals, having been consolidated with the consent of the parties, assign as error in both cases the denial of a motion to suppress, and as error in State v. Villarreal only, denial of a motion for mistrial and refusal to strike certain testimony.

The state police office in Ontario, Oregon, was advised by the owner-pharmacist of...

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