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STATE v. RAFAL

533 P.2d 1397 (1975)

STATE of Oregon, Respondent, v. Aresenio Garcia RAFAL, Appellant.

Court of Appeals of Oregon.

Decided April 14, 1975.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Janet Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and HOWELL, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of criminal activity in drugs — possession of marihuana in a quantity exceeding one ounce — a felony or misdemeanor under (ORS 167.207(2). It is conceded that there was evidence from which the jury could have found that defendant possessed less than one ounce of marihuana, a violation under ORS 167.207(3). At trial defendant requested that the jury be instructed on the elements of the violation of possession...

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