STATE v. KETCHUM


479 P.2d 255 (1971)

STATE of Oregon, Respondent, v. Robert Judson KETCHUM, Appellant.

Court of Appeals of Oregon, Department 1.

Decided January 7, 1971.


Attorney(s) appearing for the Case

Thomas D. Kerrigan, 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 FOLEY and FORT, JJ.


FORT, Judge.

Defendant was convicted by a jury of the crime of illegal possession of narcotics. He appeals from the resulting judgment, asserting four assignments of error. On oral argument he expressly abandoned the first three. The remaining one relates to the following instruction, duly excepted to, given by the court:

"* * * However, when evaluating a witness' testimony for whatever reason may appeal to you, witness' demeanor or the witness' interest...

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