State v. Brotherton

This is an appeal by the defendant from a judgment of conviction for illegal possession of marihuana.

The defendant was a prisoner at Rocky Butte jail, working as a trusty in the Record Management Division of Multnomah County. On the afternoon of No vember 9, 1967, the odor of burning marihuana was detected in the area where the! defendant had been working. When the Supervisor of the record division, Deputy Frank Clark, went to investigate, he found the defendant and said, “.Give me the stuff.” The defendant denied knowledge of the whereabouts of any marihuana, and the inquiry was not pursued.…