STATE v. SMITH


475 P.2d 433 (1970)

STATE of Oregon, Respondent, v. Mark Alfred SMITH, Appellant.

Court of Appeals of Oregon, Department 1.

Decided October 15, 1970.

Rehearing Denied November 12, 1970.

Review Denied December 22, 1970.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant was convicted by a jury of being a felon in possession of a concealable firearm.

On October 28, 1968, the police stopped the car defendant was driving and arrested the defendant on a bench warrant which was issued after an indictment had been returned against him, charging him with assault with intent to kill. After the police had ordered the defendant out of the car, a search was conducted of it, and a pistol was found under...

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