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STATE v. MOSER

548 P.2d 508 (1976)

STATE of Oregon, Appellant, v. Sanford Scott MOSER, Respondent.

Court of Appeals of Oregon.

Decided April 19, 1976.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

John H. Clough, Portland, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

Defendant was indicted for the crimes of criminal activity in drugs and attempted criminal activity in drugs, ORS 167.207, and in the alternative, for the crime of fraudulent sale of imitation drugs, ORS 167.232. The state appeals a trial court order dismissing the indictment. We agree with the state that the order was erroneous.

Defendant was arrested at the time he allegedly consummated a drug transaction with an undercover officer of...

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