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STATE v. LeBRUN

245 Or. 265 (1966)

419 P.2d 948

STATE OF OREGON v. PHILLIP ALAN LeBRUN

Supreme Court of Oregon.

Affirmed November 10, 1966.

Petition for rehearing denied December 27, 1966.

Mandate issued January 25, 1967.

Denied certiorari April 20, 1967.

Attorney(s) appearing for the Case

Charles R. Harvey, Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. On the brief were George Van Hoomissen, District Attorney, and George M. Joseph, Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

U.S. Supreme Court denied certiorari April 20, 1967.

AFFIRMED.

LUSK, J.

The defendant was convicted of the unlawful possession of morphine sulphate, a narcotic drug, and has appealed.

His defense was entrapment and the sole assignment of error is directed to the court's refusal to give the following requested instruction:

"The defendant in this case has claimed entrapment as a defense. Where the doing of a particular act is a crime...

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