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STATE v. BLANTON

TC 21229, CA 7543; SC 25685.

588 P.2d 28 (1978)

284 Or. 591

STATE of Oregon, Petitioner, v. Michael Ray BLANTON, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 19, 1978.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen.

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

LINDE, Justice.

Defendant was charged in October, 1976, with the offense of criminal activity in drugs. The statute in effect at that time, ORS 167.207, provided:

(1) A person commits the offense of criminal activity in drugs if he knowingly and unlawfully manufactures, cultivates, transports, possesses, furnishes, prescribes, administers, dispenses or compounds a narcotic or dangerous drug. (2) Except as provided in subsections (3) and (4) of this...

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