STATE v. IRVING


520 P.2d 354 (1974)

STATE of Oregon, Petitioner, v. Nathaniel IRVING, Respondent.

Supreme Court of Oregon, In Banc.

Decided March 7, 1974.


Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


O'CONNELL, Chief Justice.

Defendant was indicted for the crime of fraudulent sale of imitation drugs. This offense is defined by ORS 167.232:

"(1) A person commits the crime of fraudulent sale of imitation drugs if he sells any compound, substance or other matter, not a narcotic or dangerous drug, to a peace officer or his agent by falsely representing it to be a narcotic or dangerous drug. "(2) Fraudulent sale of imitation drugs is a Class B misdemeanor...

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