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STATE v. McMANUS

504 P.2d 1046 (1973)

STATE of Oregon, Respondent, v. Steve McManus, Appellant.

Court of Appeals of Oregon.

Resubmitted on Record and Briefs for Consideration December 13, 1972.

Decided January 5, 1973.

Attorney(s) appearing for the Case

Keith Burns, Portland, argued the cause for appellant. With him on the brief was Jane Edwards, 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 LANGTRY, FOLEY, FORT and THORNTON, JJ.

Resubmitted on Record and Briefs for Consideration in banc December 13, 1972.

THORNTON, Judge.

Defendant was found guilty after a bench trial of the crime of criminal activity in drugs (ORS 167.207), namely, possession of seven marihuana seeds. The seeds were found in defendant's automobile as a result of a search pursuant to a warrant.

On appeal defendant contends that the trial judge erred in the following particulars:

(1) In denying defendant...

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