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STATE v. FORRESTER

564 P.2d 289 (1977)

29 Or.App. 409

STATE of Oregon, Respondent, v. David Ray FORRESTER, whose true name is David Roy Forrester, Appellant.

Court of Appeals of Oregon.

Decided May 10, 1977.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant appeals from his conviction of criminal activity in drugs, ORS 167.207(1). Both the state and defendant stipulated that defendant possessed 5 milligrams of heroin, and that such an amount was sufficient to allow the identification of the drug, but insufficient to result in any discernible effect upon introduction into the body of a user. The sole question on appeal is whether ORS 167.207(1) applies to possession of a quantity of a narcotic...

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