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STATE v. SMITH

523 P.2d 1048 (1974)

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

Court of Appeals of Oregon.

Decided June 28, 1974.

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.

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

SCHWAB, Chief Judge.

Defendant was indicted for and convicted by a jury of possessing heroin contrary to ORS 167.207.1 He appeals from the judgment of conviction.

The indictment arose from an attempted purchase of heroin by an undercover agent of the Multnomah County Sheriff's Office on July 19, 1973. On that date the agent arranged to purchase a quantity of heroin and agreed to meet at a certain residence in Portland to consummate...

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