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STATE v. PARKS

485 P.2d 1246 (1971)

STATE of Oregon, Appellant, v. Larry Allen PARKS, Respondent. State of Oregon, Appellant, v. James Earl Tarpley, Jr., Respondent.

Court of Appeals of Oregon, Department 1.

Decided June 17, 1971.

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 Jacob B. Tanzer, Sol. Gen., Salem.

William E. Flinn, Eugene, argued the cause for respondent Parks. On the brief were Flinn & Lake, Eugene.

Evohl F. Malagon, Eugene, argued the cause for respondent Tarpley. With him on the brief were Coons & Malagon, Eugene.

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

LANGTRY, Judge.

This is an appeal from an order sustaining motions to suppress evidence consisting of a hashish pipe and narcotics taken in a search of a vehicle. The defendants were separately indicted but the facts on which the motions were determined are the same in each case.

A simple, close question is involved. The arresting officer came upon the defendant-occupants of a vehicle in a public parking lot in Eugene at 8:30 a.m. The defendants and their...

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