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STATE v. HAYCRAFT

530 P.2d 528 (1975)

STATE of Oregon, Respondent, v. Michael Francis HAYCRAFT, Appellant.

Court of Appeals of Oregon.

Decided January 14, 1975.

Rehearing Denied February 20, 1975.

Review Denied March 11, 1975.

Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief were Mulder, Morrow & McCrea, P.C., Eugene.

Timothy Wood, 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.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

SCHWAB, Chief Judge.

Defendant, having been convicted in circuit court of a felony, namely, conspiracy with others to furnish approximately 20 pounds of hashish to one Charles Williams, appeals, contending (1) that under State v. Brown, 262 Or. 442, 497 P.2d 1191 (1972), he was subjected to double jeopardy, and (2) that the conviction was in violation of ORS 161.485(3), which provides:

"A person shall not be convicted on...

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