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STATE v. HOLMES

537 P.2d 566 (1975)

STATE of Oregon, Respondent, v. Lynn Alan HOLMES, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1975.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

This case was previously before this court in 1974, and reported as State v. Holmes, 17 Or.App. 464, 522 P.2d 900 (1974). In that proceeding defendant was indicted and convicted on two counts of criminal activity in drugs (ORS 167.207), Count I alleging knowing and unlawful possession of amphetamine, and Count II alleging knowing and unlawful possession of less than one ounce of marihuana. We reversed that conviction...

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