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STATE v. GOETZ

491 P.2d 220 (1971)

STATE of Oregon, Respondent, v. Kenneth Richard GOETZ, Appellant.

Court of Appeals of Oregon, Department 1.

Submitted on Brief October 26, 1971.

Rehearing Denied January 4, 1972.

Review Denied February 8, 1972.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, filed the brief for appellant.

No appearance for respondent.

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

Submitted on Appellant's Brief October 26, 1971.

SCHWAB, Chief Judge.

Defendant appeals following a jury trial on the charge of possession of marihuana, ORS 474.020, that resulted in conviction. The only assignment of error that merits discussion is defendant's claim that the state must prove possession of a usable amount of marihuana, and that it failed to do so.

We have found no Oregon cases on point, although the issue has been mentioned. See...

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