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STATE v. HOLLIS

502 P.2d 270 (1972)

STATE of Oregon, Respondent, v. Keith Alan HOLLIS, Appellant.

Court of Appeals of Oregon.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Stephen A. Hutchinson, Eugene, argued the cause for appellant. With him on the brief were Combs, Hutchinson, Harrell & Cox, Eugene.

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 THORNTON, JJ.

PER CURIAM.

Defendant appeals from a conviction of Criminal Activity in Drugs, ORS 167.207 (1), i.e., possession of marihuana, contending: (1) it is not a crime to possess marihuana under the new criminal code; and (2) there was insufficient evidence that he had knowledge that the substance possessed was marihuana.

The first contention has been resolved adversely to defendant's position in State v. Simpson, Or. App., 501 P.2d 1311

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