State v. Albertson

Defendants, having waived a jury trial, were convicted by the court of illegal possession of narcotics (marihuana), under ORS 474.020(1).

The substance of their assignments of error is that evidence upon which a search warrant was issued was illegally obtained, and should have been suppressed.

The defendants were tenants of about one-half of a small acreage owned by a Mrs. Adams. Mrs. Adams took Officer Zahn to the premises and gave him a marihuana plant which she said had been growing there. Prom what part of the premises she had taken it was not made clear. The affidavit for the warrant was…