STATE v. JOHNSON


554 P.2d 624 (1976)

26 Or.App. 651

STATE of Oregon, Appellant, v. Chester Leon JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided September 7, 1976.


Attorney(s) appearing for the Case

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Phillip M. Margolin, Portland, argued the cause for respondent. With him on the brief were Nash & Margolin, Portland.

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


THORNTON, Judge.

The state appeals from a pretrial order of the circuit court which prohibited the prosecution's undercover witness from testifying because his original written report describing the alleged purchase of heroin from the defendant had been destroyed by the police.

Defendant was charged with criminal activity in drugs for allegedly selling heroin to an undercover police agent, Arthur Brewster. ORS 167.207. There is evidence, which, if believed...

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