State v. Coleman

Defendant appeals from conviction of criminal activity in drugs. ORS 167.207. His two assertions of error are (1) that the court gave an incomplete instruction concerning circumstantial evidence, and (2) that his motion for acquittal based on insufficient evidence should have been granted.

The evidence showed that an officer had defendant’s residence under surveillance starting the night of November 16, 1973, and that this continued until a search warrant was executed at the residence the next morning. During the night the officer saw defendant emerge from the residence, go to a place outside…