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STATE v. KRAEMER

495 P.2d 1241 (1972)

STATE of Oregon, Respondent, v. Kenneth George KRAEMER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 13, 1972.

Rehearing Denied May 2, 1972.

Review Denied June 13, 1972.

Attorney(s) appearing for the Case

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

Walter L. Barrie, 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 FORT and THORNTON, JJ.

THORNTON, Judge.

Defendant appeals from a conviction without a jury of selling a narcotic drug, namely, oxymorphone, in violation of former ORS 474.020. He assigns as error (1) overruling defendant's demurrer to the indictment and (2) overruling defendant's motion for a not guilty verdict and finding him guilty as charged.

A Portland police officer, acting as an undercover agent, was introduced to defendant by a woman identified as Susan Bones. The first purchase...

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