STATE v. CLAYTON


504 P.2d 139 (1972)

STATE of Oregon, Respondent, v. Jimmy Dale CLAYTON, Appellant.

Court of Appeals of Oregon.

Decided December 15, 1972.


Attorney(s) appearing for the Case

John K. Hoover, 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 LANGTRY and THORNTON, JJ.


THORNTON, Judge.

Defendant was found guilty after jury trial of the crime of illegal sale of heroin. ORS 474.020.1 The trial judge suspended imposition of sentence and placed defendant on probation for five years on the condition that he complete the NARA program.

On appeal defendant's sole assignment of error is that the court erred in denying defendant's motion for a new trial.

On the night of November 1, 1971, Officers...

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