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STATE v. PHELPS

493 P.2d 1059 (1972)

STATE of Oregon, Respondent, v. Steven D. PHELPS, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 10, 1972.

Attorney(s) appearing for the Case

Charles R. Cater, La Grande, argued the cause and filed 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 John W. Osburn, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant, having been indicted by a grand jury of the crime of illegal possession of marihuana, ORS 474.020, was found guilty by the trial court sitting without a jury.

On appeal he contends that the trial court should have acquitted him because (1) there was no evidence that he possessed a "usable" quantity of marihuana, and (2) ORS 474.020, which makes possession of marihuana a felony, unconstitutionally overlaps ORS 475.625(1), which...

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