State v. Kraemer

Defendant appeals from a conviction without a jury of selling a narcotic drug, namely, oxymorphone, in violation of former ORS 474.020. He assigns as error (1) overruling defendant’s demurrer to the indictment and (2) overruling defendant’s motion for a not guilty verdict and finding him guilty as charged.

A Portland police officer, acting as an undercover agent, was introduced to defendant by a woman identified as Susan Bones. The first purchase was made for the officer through Susan. The officer was “swindled” in some fashion, however, and did not receive the purchase.

On the next occasion…