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STATE v. LIVINGSTON

469 P.2d 632 (1970)

STATE of Oregon, Respondent, v. David LIVINGSTON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 21, 1970.

Rehearing Denied June 23, 1970.

Attorney(s) appearing for the Case

James R. Carskadon, Jr., Milwaukie, argued the cause for appellant. On the brief were J. Raymond Carskadon, Portland, and Redman & Carskadon, Milwaukie.

Thomas H. Denney, 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 LANGTRY and FOLEY, JJ.

FOLEY, Judge.

Defendant was convicted of attempting to unlawfully obtain a narcotic drug and sentenced to three years' imprisonment. He asserts on this appeal that (1) the court erred in denying his motions for acquittal, and (2) the court's instructions were erroneous in certain particulars hereinafter mentioned.

At the conclusion of the state's case defendant moved for a judgment of acquittal under ORS 136.605....

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