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STATE v. CARDINALI

496 P.2d 246 (1972)

STATE of Oregon, Respondent, v. Danny Lee CARDINALI, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 4, 1972.

Rehearing Denied May 25, 1972.

Review Denied June 20, 1972.

Attorney(s) appearing for the Case

Ken C. Hadley, 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. On the brief were Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and John W. Burgess, Sp. Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.3

PER CURIAM.

Defendant was convicted by jury of selling a dangerous drug, ORS 475.100, and received a 10-year sentence. He urges as his ground of appeal that his motions for acquittal should have been allowed because there was insufficient evidence that the dangerous drug, secobarbitol, was sold by defendant. We have examined the record and while the evidence is circumstantial, it is ample to support the verdict.

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