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STATE v. FOLSOM

463 P.2d 381 (1970)

STATE of Oregon, Respondent, v. Jeffrey Michael FOLSOM, Appellant.

Court of Appeals of Oregon, In Banc.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Lawrence B. Rew, Pendleton, argued the cause for appellant. On the brief were Corey, Byler & Rew, Pendleton.

Raoul P. Smith, Dist. Atty., Pendleton, argued the cause and filed the brief for respondent.

FOLEY, Judge.

Defendant was found guilty by a jury of selling a narcotic drug, marihuana. He appeals from the judgment of conviction.

The defendant demurred to the indictment on the ground that the designation of marihuana as a narcotic drug by the Oregon legislature is unconstitutional. In the recent case of State v. Leppanen, 252 Or. 352, 449 P.2d 447 (1969), the Oregon Supreme Court ruled adversely to defendant's contention...

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