State v. Thompson

Defendant was convicted by a jury of the crime of tampering with drug records, ORS 167.212. He appeals from the resulting judgment.

His sole assignment of error relates to the denial by the trial court of his motion for a mistrial based upon certain testimony elicited from a police officer during the state’s case-in-chief.

The charge was that the defendant unlawfully and knowingly uttered a forged prescription for a drug, Ritalin, which it is acknowledged could only be used pursuant to a physician’s prescription. It is not disputed that the prescription delivered to the pharmacy was a forgery.…