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Oregon v. Moore

July 16, 1973

STATE OF OREGON, RESPONDENT,
v.
DOUGLAS MOORE, APPELLANT



Appeal from Circuit Court, Washington County. Glen Hieber, Judge. No. 14-319.

Ronald D. Thom and Ronald E. Sherk, Oregon City, filed the brief for appellant.

John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Langtry, Judge. Schwab, Chief Judge, and Fort, Judge.

Langtry

Defendant was convicted on both counts of an indictment charging (1) possession of a dangerous drug: barbiturate (former ORS 475.100) and (2) possession of a narcotic: marihuana (former ORS 474.020). He appeals, claiming that the evidence of his possession was insufficient to support the jury's verdict on either count.

The evidence showed that on December 16, 1971 the Beaverton police searched a three-bedroom apartment pursuant to a valid search warrant. During the search they found a pill bottle containing two pills (the barbiturate) in a dresser located in one of the three bedrooms. In the same dresser drawer there were

articles of male clothing and a receipt for $100 which stated:

"Date Nov 21, 1971

"Received From Douglas Moore

"Address 3413 S.W 125

"* * *."

It was signed only with initials. Two pipes that contained marihuana residue were found on a coffee table next to a couch in the living room. A third pipe containing a small quantity of unburned marihuana was found in another bedroom. At the time the search commenced the apartment had two occupants. One Duffield was asleep on the living room couch close by the coffee table on which the two pipes were found. He was searched and a quantity of marihuana was found in his possession. Sherry Ellis was in the ...


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