State v. Johnson

*653THORNTON, J.

The state appeals from a pretrial order of the circuit court which prohibited the prosecution’s undercover witness from testifying because his original written report describing the alleged purchase of heroin from the defendant had been destroyed by the police.'

Defendant was charged with criminal activity in drugs for allegedly selling heroin to an undercover police agent, Arthur Brewster. ORS 167.207. There is evidence, which, if believed, would establish that defendant sold heroin to Brewster on September 10, 1975 and October 1, 1975. Within 15 minutes of each sale, Brewster…