STATE v. SCHLABACH


549 P.2d 1283 (1976)

STATE of Oregon, Appellant, v. Donald Edward SCHLABACH, Respondent.

Court of Appeals of Oregon.

Decided June 1, 1976.


Attorney(s) appearing for the Case

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

James A. Hearn, Newport, argued the cause for respondent. With him on the brief was James H. Lewelling, Newport.

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


FOLEY, Judge.

The state appeals from a circuit court order suppressing evidence of marihuana seized from defendant's residence pursuant to a search warrant.

The facts are as follows: On June 5, 1975, Sergeant Dudley of the Lincoln County Sheriff's office, on his day off, went onto his neighbor's property which, at the time, was being cared for by the defendant in lieu of rent while the neighbor was vacationing out of state. The officer testified that his sole...

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