STATE v. JACKSON


557 P.2d 691 (1976)

27 Or.App. 879

STATE of Oregon, Appellant, v. Ivan Ivy JACKSON, Respondent.

Court of Appeals of Oregon.

Decided December 27, 1976.


Attorney(s) appearing for the Case

Thomas H. Denney, 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.

F. William Honsowetz, Jr., Eugene, argued the cause for respondent. With him on the brief was Gardner & Honsowetz, Eugene.

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


LEE, Judge.

Defendant was charged in a two-count indictment with violating ORS 166.270 and 166.240 which, respectively, prohibit the ownership or possession of "[any firearm] capable of being concealed upon the person" by a convicted felon, and the "carrying" of a concealed weapon. Prior to trial defendant moved to suppress the firearms upon which the charges were based, alleging that they had been discovered as the result of a warrantless search "not incident to...

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