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STATE v. ELLIOTT

546 P.2d 766 (1976)

STATE of Oregon, Respondent, v. Richard Wesley ELLIOTT, Appellant.

Court of Appeals of Oregon.

Decided February 23, 1976.

Attorney(s) appearing for the Case

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

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 THORNTON and LEE, JJ.

LEE, Judge.

Defendant was convicted of the illegal sale of dangerous drugs. ORS 167.207 He contends that the case against him should have been dismissed because the state "failed to produce a material witness at the time of trial," thereby prejudicing his Sixth Amendment rights of confrontation and compulsory process under the U. S. Constitution. Defendant relied on entrapment, ORS 161.275,1 as...

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