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STATE v. O'BRIEN

485 P.2d 434 (1971)

STATE of Oregon, Respondent, v. Joseph Albert O'BRIEN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 28, 1971.

Rehearing Denied June 29, 1971.

Review Granted September 21, 1971.

Attorney(s) appearing for the Case

Bruce E. Smith, Eugene, argued the cause and filed the briefs for appellant.

Ted E. Barbera, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

Defendant was convicted by the court sitting without a jury of illegal possession of narcotics. ORS 474.020. He contends that (1) the court erred in allowing hearsay testimony and in denying a motion to strike the testimony; (2) the court erred in allowing testimony of another crime; and (3) the court erred in not allowing his motion for judgment of acquittal.

There was evidence establishing that one...

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