State v. Koberstein

Defendants, husband and wife, were indicted for unlawful possession of narcotics. ORS 474.020. They waived trial by jury and were convicted by the court. They appeal, asserting as sole error the denial of their motion to suppress certain evidence seized in their apartment. Although separately indicted, their eases were, with their consent, consolidated for trial and upon appeal.

Defendants resided at 623 S. W. Fourth. Street in Corvallis, Oregon. This was an older residence which contained two living units. Defendants lived in the first floor apartment; a separate apartment was on the second…