STATE v. HARP


485 P.2d 1123 (1971)

STATE of Oregon, Respondent, v. Granville Gene HARP, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided June 10, 1971.


Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellant. With him on the briefs were Luvaas, Cobb, Richards & Fraser, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, Judges.


LANGTRY, Judge.

Defendant appeals from conviction of possession of marihuana. ORS 474.020. He had previously been tried for sale of the same marihuana and the trial judge in that case, on his own motion, dismissed at the end of the state's case, holding there had been entrapment.

Alleged errors in this case are (1) collateral estoppel should have been applied; (2) acquittal should have been granted on ground of entrapment; (3) the defendant's requested instruction...

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