State v. Weller

Defendant, tried by the court, appeals from a guilty finding on a charge of possession of marihuana and resulting sentence. Former ORS 474.020.

The defendant contends that there was insufficient evidence of possession by the defendant. The police had a. valid warrant for search for marihuana .of -the upstairs of the premises at 3914 SE Schiller Street, Portland, based upon officers seeing marihuana growing in pots at a window on September 2, 1971. Making the- search, they found only a Mr. Solomon on. the *433premises. The upstairs consisted of several rooms, unfurnished except for one bedroom in…