STATE v. SMITH


504 P.2d 1072 (1973)

STATE of Oregon, Respondent, v. James Edward SMITH, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1973.


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.

John H. Clough, 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 FORT, JJ.


FORT, Judge.

The defendant was convicted of the crime of criminal activity in drugs (ORS 167.207). He appeals, asserting two assignments of error. One is that the court erred in denying his motion for judgment of acquittal. The basis of the motion was that there was insufficient evidence that he had possession of the heroin that constituted the basis of the charge.

There was evidence from which the jury could have found that the police, armed with a search...

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