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STATE v. SHIRLEY

465 P.2d 743 (1970)

STATE of Oregon, Respondent, v. Roger SHIRLEY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 26, 1970.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed the brief for appellant.

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 FORT and BRANCHFIELD, JJ.

FORT, Judge.

Defendant was tried without a jury for the felony of illegal sale of narcotics. ORS 474.020. He was convicted by the court.

The defendant had previously been tried to the court and convicted for the same offense in a different department of the circuit court. Following that conviction a presentence report was ordered by that court. In due course it was received and the defendant sentenced pursuant thereto for an indeterminate period not exceeding...

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