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STATE v. NEEL

493 P.2d 740 (1972)

STATE of Oregon, Respondent, v. Thomas Alexander NEEL, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 4, 1972.

Attorney(s) appearing for the Case

John M. Biggs, Eugene, argued the cause for appellant. With him on the brief were Allen & Biggs, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant appeals from convictions for possession of marihuana, ORS 474.020, and dangerous drugs, ORS 475.100, contending, among other things, that the trial court erred in instructing the jury on the mental element of these offenses.

Regarding each of the two counts of the indictment, the trial court instructed the jury:

"* * * [I]t is necessary for the State to prove beyond a reasonable doubt * * *: "* * *

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