State v. Wikum

488 P.2d 815, 6 Or. App. 405, 1971 Ore. App. LEXIS 720
Court of Appeals of Oregon·Decided August 26, 1971·Published·Cited by 12 cases

Opinion

FORT, J.

Defendant was convicted of illegal possession of marihuana. ORS 474.020. He appeals, asserting error first in the admission of certain items of evidence and, upon the assumption these were inadmissible, the insufficiency of the evidence to support the verdict.

At about 2 p.m. on June 16, 1970, a 1960 International Travelall, bearing Washington license API 120, was involved in a one-car accident. Beside the truck, all lying on the pavement, were found an elderly man who was dead, a young woman, Kathleen Ihler, and a young man, the defendant herein. The latter two were taken to the hospital. The vehicle was badly damaged and appeared to have rolled over thoroughly scrambling its contents and scattering portions of it in the vicinity.

In the Ihler purse in the vehicle were found:

a) A Washington certificate of title to an unencumbered 1960 International Travelall bearing Washington license API 120, issued in the name of James M. Ihler. It bore a signature, “James M. Ihler 6-6-70” in the blank for “release by registered owner.” It also bore in the space provided for “purchaser name” the name in ink “Jerry Wikum.” Other evidence established that Kathleen Ihler was the daughter of James *408 M. Ihler. No contention is made that he was in the vehicle.

b) A receipt:

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State v. Wikum, 488 P.2d 815, 6 Or. App. 405, 1971 Ore. App. LEXIS 720 (Or. Ct. App. 1971).

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