STATE v. BATES


537 P.2d 587 (1975)

STATE of Oregon, Respondent, v. Sandra Gail BATES, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1975.


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.

James C. Rhodes, 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 LANGTRY and THORNTON, JJ.


SCHWAB, Chief Judge.

Upon trial by jury the defendant was convicted of criminal activity in drugs (possession). ORS 167.207. The basic question at trial was whether the drugs were possessed by defendant or by another person who occupied the same premises as did defendant. One of defendant's assignments of error on appeal is that it was error for the court not to allow a motion for a new trial based upon the fact that subsequent to the jury verdict it was discovered...

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