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STATE v. TETERS

543 P.2d 302 (1975)

STATE of Oregon, Respondent, v. Robert Malen TETERS, Appellant.

Court of Appeals of Oregon.

Decided December 15, 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.

Donald L. Paillette, 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 FOLEY, JJ.

LANGTRY, Judge.

The substantive question raised by defendant's denied motion in arrest of judgment in the trial below and on this appeal is whether, where a person "furnishes" illegal drugs (one of the acts constituting the crime of "criminal activity in drugs") in violation of ORS 167.207(1), he can validly be charged with conspiracy to commit the same crime. There is no need to detail the evidence. It was more than sufficient to allow the jury to infer both an active...

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