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STATE v. JAQUES

88-08-1547-C; CA A60311.

788 P.2d 461 (1990)

100 Or.App. 611

STATE of Oregon, Appellant, v. William Dean JAQUES, Respondent, and Dianna Louise Jaques, Defendant.

Court of Appeals of Oregon.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

GRABER, Presiding Judge.

Defendant was charged with delivery and possession of a controlled substance. ORS 475.992(1), (2), (4). He moved for a judgment of acquittal at the conclusion of the state's case. Although the trial court seemed to agree with defendant on the delivery charge, it denied the motion "due to the closeness of the question." The court added that, if the jury were to return a guilty verdict on the delivery charge, the court would issue an order in...

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