STATE v. FACCIO


552 P.2d 868 (1976)

STATE of Oregon, Respondent, v. Timothy Steven FACCIO, Appellant.

Court of Appeals of Oregon.

Decided August 9, 1976.


Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for respondent. On the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

W. Michael Gillette, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen. and Donald L. Paillette, Asst. Atty. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant's two assignments of error present a single question: Did the evidence present a prima facie case against him on the charge of conspiracy to commit criminal activity in drugs ? We so hold.

There was testimony that Judith Roth — alleged in the indictment to be defendant's co-conspirator — engaged in extended negotiations with an informant to sell a large amount of amphetamine tablets. During these negotiations, Ms...

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