State v. Moore

Defendant was convicted on both counts of an indictment charging (1) possession of a dangerous drug: barbiturate (former ORS 475.100) and (2) possession of a narcotic: marihuana (former ORS 474.020). He appeals, claiming that the evidence of his possession was insufficient to support the jury’s verdict on either count.

The evidence showed that on December 16, 1971 the Beaverton police searched a three-bedroom apartment pursuant to a valid search warrant. During the search they found a pill bottle containing two pills (the barbiturate) in a dresser located in one of the three bedrooms. In the…