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STATE v. KANGISER

494 P.2d 450 (1972)

STATE of Oregon, Appellant, v. Grant Jerome KANGISER, Respondent.

Court of Appeals of Oregon, Department 2.

Decided March 9, 1972.

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 John W. Osburn, Sol. Gen., Salem.

Patrick D. Gilroy, Oregon City, argued the cause for respondent. With him on the brief was William E. Schumaker, Oregon City.

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

FORT, Judge.

Defendant was indicted for unlawful possession of the dangerous drug amphetamine. ORS 475.100. He moved to suppress as evidence certain matter seized at the Clackamas County jail by the officers on duty at the jail including a bottle labeled "Gantrisin" and its contents. After a hearing, the trial court granted defendant's motion. The state appeals, pursuant to ORS 138.060(4).

The relevant facts are undisputed and are as follows. About 12:40 a...

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