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STATE v. SAUDE

10-87-07565; CA A47051.

769 P.2d 784 (1989)

95 Or.App. 428

STATE of Oregon, Respondent, v. Artemus SAUDE, Appellant.

Court of Appeals of Oregon.

Decided March 1, 1989.

Attorney(s) appearing for the Case

Mary M. Reese, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Michael Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant was convicted by a jury of unlawful manufacture, ORS 475.992(1)(b), possession, ORS 475.992(4)(b), and delivery, ORS 475.992(1)(b), of a Schedule II controlled substance. He appeals, assigning as error the trial court's denial of his motion for a judgment of acquittal. We reverse.

Defendant was arrested during a police raid on the home of Lund and Reab. Four people were present in the house at the time of the raid: defendant, Lund,...

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