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STATE v. EUSTED

507 P.2d 60 (1973)

STATE of Oregon, Respondent, v. Michael Ernest EUSTED, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1973.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Burgess, 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 FOLEY, JJ.

FOLEY, Judge.

Defendant appeals from convictions by jury on two indictments, one for selling narcotics and one for selling dangerous drugs, which were consolidated for trial by the court on its own motion. Defendant urges that it was error for the court to deny him separate trials.

Defendant was charged in separate indictments, one with illegal sale on December 17, 1971 of the narcotic drug marihuana to Rudy M. Mauch and in the other illegal sale on December...

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