State v. Murphy

Defendant appeals from her conviction of criminal activity in drugs (furnishing marihuana), ORS 167.207, asserting that the trial court erred in denying her motion for a directed verdict of acquittal, which was based on the defense of entrapment. Entrapment is a “defense,” as opposed to an “affirmative defense,” ORS 161.275, and if sufficiently raised must be disproved beyond a reasonable doubt. ORS 161.055. State v. Davis, 14 Or App 422, 428-29, 512 P2d 1366, Sup Ct review denied (1973).

The entrapment statute relied upon by defendant, ORS 161.275, provides:

“(1) The commission of acts which…