STATE v. KNIGHTEN


504 P.2d 761 (1972)

STATE of Oregon, Respondent, v. David Butler KNIGHTEN, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1972.

Rehearing Denied January 17, 1973.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

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

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


FOLEY, Judge.

Defendant, having waived jury trial, appeals from a conviction by the court of the offense of illegal sale of narcotics and the sentence of three years' imprisonment.

Defendant's first assignment of error is that the trial court erred in denying his motion to set aside the indictment on the ground that there was no showing that the indictment was presented to the court in the manner prescribed by ORS 132.410. That section provides that an indictment...

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