STATE v. RAINEY

No. C80-10-33816; CA A20105.

653 P.2d 584 (1982)

60 Or.App. 32

STATE of Oregon, Respondent, v. Rodney Joel RAINEY, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted September 8, 1982.

Decided November 10, 1982.

Reconsideration Denied January 14, 1983.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.


Resubmitted In Banc September 8, 1982.

WARREN, Judge.

Defendant appeals his conviction for unlawful delivery of a controlled substance. ORS 475.992.1 He contends that the trial court erred in instructing the jury that proof of the unlawful delivery of a controlled substance is prima facie evidence of knowledge of the character of the substance delivered. The issue is whether the challenged instruction impermissibly relieved...

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