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STATE v. BUCHANAN

493 P.2d 184 (1972)

STATE of Oregon, Respondent, v. Walter Gordon BUCHANAN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 4, 1972.

Attorney(s) appearing for the Case

Ralph G. Monson, Baker, for appellant.

No appearance for respondent.

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

LANGTRY, Judge.

Defendant appeals from a conviction for sale of marihuana. ORS 474.020(1). An assignment of error is that the trial court should have granted a motion for acquittal. The state filed no brief in this appeal.

The indictment alleged defendant, in concert with James Robert Forsythe, sold marihuana to Steve L. Combs on May 18, 1970. The record shows the state's theory was that defendant was furnished with free marihuana from Forsythe in return for...

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