STATE v. JONES


525 P.2d 194 (1974)

STATE of Oregon, Appellant, v. Patrick Lloyd JONES, Aka Thomas Lewis Jones, Respondent.

Court of Appeals of Oregon.

Decided August 12, 1974.

Rehearing Denied September 18, 1974.

Review Denied November 1, 1974.


Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Thomas D. Kerrigan, Portland, argued the cause and filed the brief for respondent.

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


TANZER, Judge.

This is an appeal by the state from an order dismissing the indictment charging criminal activity in drugs by possession of marijuana because the marijuana was no longer available for independent testing.

The facts are agreed. A raid in January, 1971, resulted in the discovery of 54 pounds of matter packaged in the manner of hashish. It was photographed, tested in the police laboratory and found to be hashish. Defendant and two others were indicted...

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