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STATE v. LEHMANN

488 P.2d 1383 (1971)

STATE of Oregon, Respondent, v. Charles Walter LEHMANN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 4, 1971.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James C. Farrell, Deputy Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Doyle L. Schiffman, Dist. Atty., Roseburg.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

THORNTON, Judge.

Defendant appeals from a conviction of unlawful possession of narcotics under ORS 474.020. He contends that the court erred in admitting, over objection, the evidence of possession of narcotics on dates subsequent to the date charged in the indictment.

Prior to the taking of testimony, the state elected to rely on July 3, 1970, as the date when the offense was committed. The state presented testimony of a state police officer that he had purchased...

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