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STATE v. CANADAY

467 P.2d 666 (1970)

STATE of Oregon, Respondent, v. William Grover CANADAY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided April 9, 1970.

Rehearing Denied May 12, 1970.

Review Denied June 23, 1970.

Attorney(s) appearing for the Case

Kenneth C. Hadley, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Lee S. Werdell, Deputy Dist. Atty., Medford, argued the cause for respondent. With him on the brief was Justin M. Smith, Dist. Atty., Medford.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

FORT, Judge.

Defendant was indicted, tried and convicted by a jury of the crime of unlawful possession of marihuana. ORS 474.020. Defendant duly entered a plea of not guilty by reason of insanity. Each of the three assignments of error arises out of that aspect of the case.

Competent evidence showed that some years prior to the defendant's arrest upon this charge he had been confined to Atascadero State Hospital in California for approximately four and one...

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