STATE v. MURPHY


471 P.2d 863 (1970)

STATE of Oregon, Respondent, v. Patrick Henry MURPHY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 9, 1970.


Attorney(s) appearing for the Case

Benhardt E. Schmidt, Portland, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and J. Bradford Shiley, Asst. Atty. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant was convicted upon trial by jury of illegal possession of narcotics (marihuana). He appeals, contending that his motion to suppress the marihuana seized from his person and introduced at the time of trial over his objection was improperly denied.

The essential facts are these: On March 6, 1968, the state's female witness called the defendant and asked him to help her move some of her personal effects (she and her husband were...

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