STATE v. BEHRENS


528 P.2d 1069 (1974)

STATE of Oregon, Appellant, v. Kathy Jean BEHRENS and Lionel George Yeaman, Respondents.

Court of Appeals of Oregon.

Decided December 9, 1974.


Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for respondent Behrens.

Dwight G. Purdy, Springfield, argued the cause for respondent Yeaman. With him on the brief were William Wiswall and Sanders, Lively & Wiswall, Springfield.

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


PER CURIAM.

Based upon the facts of State v. Marsden, Moore, Cassidy, Or. App., 528 P.2d 1066 (1974), a search was made of the premises occupied by Kathy Behrens at 1590 South Sherman Street in Albany and during the course of that search narcotics were found consisting of marihuana and what was "probably" a white powder containing amphetamine. These two defendants were charged as possessors of the marihuana. ORS 167.207. They moved...

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