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STATE v. SWAIN

510 P.2d 1341 (1973)

STATE of Oregon, Respondent, v. Mark Allen SWAIN, Appellant. State of Oregon, Respondent, v. Jeff Charles Goldsmith, Appellant.

Court of Appeals of Oregon.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, 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 LANGTRY, P.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Defendants were accused by information of the felony of criminal activity in drugs in violation of ORS 167.207. After the charges were dismissed at the preliminary hearing stage, defendants were indicted for the same offense and were eventually convicted by the court of possession of less than one avoirdupois ounce of marihuana, a misdemeanor. ORS 167.207(3). Their consolidated appeals raise the issue of the...

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