State v. Branch

508 P.2d 254 (1973)

STATE of Oregon, Appellant,

v.

Marcus Dewayne BRANCH, Respondent.

Court of Appeals of Oregon.

Argued and Submitted February 27, 1973.

Decided April 2, 1973.

John W. Osburn, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

James T. Marquoit, Portland, argued the cause for respondent. With him on the brief were Maizels & Marquoit, Portland.

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

LANGTRY, Judge.

This appeal is by the state from an order sustaining a motion to suppress (ORS 138.060(4)) narcotics evidence seized from…