STATE v. VARNEY


244 Or. 583 (1966)

419 P.2d 431

STATE OF OREGON v. JAY VARNEY

Supreme Court of Oregon.

Affirmed October 26, 1966.


Attorney(s) appearing for the Case

George A. Haslett, Jr., 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.


AFFIRMED.

LUSK, J.

The defendant was convicted of the crime of illegal sale of a certain narcotic drug, to wit, heroin, and has appealed.

1. The first assignment of error attacks the constitutionality of the statute which he is charged with violating: ORS 474.010 (18); ORS 474.020 (1). The question was not raised in the court below and is not before us. Heroin is named in ORS 474.010 (18) as a narcotic, the sale of which is prohibited by ORS 474.020...

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