Legal Opinion
State v. McDaniel
Court of Appeals of Oregon
Decided July 25, 2012No. C090962CR; A143812PublishedCited by 1 opinion
1Opinion of the CourtBrewer, J.
Defendant appeals from his conviction for one count of unlawful possession of a Schedule I controlled substance, former ORS 475.840(3)(a) (2009), renumbered as ORS 475.752(3)(a) (2011). In his sole assignment of error, defendant asserts that the trial court erred in denying his motion for a judgment of acquittal because a police officer unlawfully induced him to engage in the charged conduct and, thus, the state did not disprove his defense of entrapment under ORS 161.275. We affirm.
Where a defendant raises the defense of entrapment, “the state has the burden of disproving the defense beyond…
2Cases cited17 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- State v. GainesOregon Supreme Court · 2009
- Jones v. General Motors Corp.Oregon Supreme Court · 1997
- State v. CervantesOregon Supreme Court · 1994
- State v. VanstoryHawaii Supreme Court · 1999
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3Cited by1 opinion
- State v. Cespedes-RodriguezCourt of Appeals of Oregon · 2012