State v. Paola

473 P.2d 690, 3 Or. App. 258, 1970 Ore. App. LEXIS 509

Opinion

PER CURIAM.

This is a companion case to State v. Shaw, 3 Or App 346, 473 P2d 159, Sup Ct review denied, in which an opinion was handed down by this court on this date. The defendant in the case at hand makes two assignments of error.

His first assignment of error is that the evidence seized from the automobile in which he was apprehended should have been suppressed as the product of an unreasonable search. The search was held proper in State v. Shaw, supra.

His second assignment of error is that certain prejudicial testimony was improperly admitted at the trial. He concedes that no objection to such evidence was made at trial. Absent manifest injustice, that which was not objected to in the trial court is not reviewable on appeal. State v. Abel, 241 Or 465, 406 P2d 902 (1965); State v. Avent, 209 Or 181, 302 P2d 549 (1956). There is no such showing in this case.

Affirmed.