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Oregon v. Koppenhafer

November 10, 1972

STATE OF OREGON, RESPONDENT,
v.
FRED C. KOPPENHAFER, APPELLANT



Appeal from Circuit Court, Jefferson County. J. R. Campbell, Judge. No. 4753.

Ronald L. Bryant, Redmond, argued the cause for appellant. With him on the briefs were Larkin, Bryant and Edmonds, Redmond.

John W. Burgess, Special Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Fort, Judge. Schwab, Chief Judge, and Langtry, Judge.

Fort

Defendant, convicted of the sale of a dangerous drug under former ORS 475.100, appeals from the resulting judgment. He contends it was error to deny his motion for judgment of acquittal.

Briefly summarized, there was evidence which showed that an undercover narcotics officer asked defendant, who he believed was dealing in narcotic drugs, to obtain some narcotic drugs for him. The officer and defendant then drove to a residence belonging to persons known to defendant. Defendant took money from the officer, went into the residence and returned with amphetamines, which he delivered to the officer.

Defendant asserted that as a matter of law this established that he was not a seller at all, but was at most an agent for the buyer of amphetamines.

Sale is defined under ORS 474.010(10):

"'Sale' includes barter, exchange or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employe."

ORS ch 474 is generally an adoption of the Uniform

Narcotic Drug Act. State v. Powell, 212 Or 684, 692, 321 P2d 333 (1958). We construe Powell as indicating that ORS ch 474 and former ORS ch 475 should be read in pari materia. Thus we conclude that the definition of "sale" found in ORS ...


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