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STATE v. IRELAND

500 P.2d 1231 (1972)

STATE of Oregon, Respondent, v. Michael Thomas IRELAND, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 18, 1972.

Attorney(s) appearing for the Case

F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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 FORT, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of selling marihuana to one David Ryan, a police undercover narcotics agent. The issue on which this case turns on appeal is the court's refusal to allow the defendant's motion for a continuance to investigate the prior criminal record of Ryan, the state's chief witness.1

The defendant was indicted on December 1, 1971, and entered a plea of not guilty on December 14, 1971, at which time...

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