State v. Phelps

Defendant, having been indicted by a grand jury of the crime of illegal possession of marihuana, ORS 474.020, was found guilty by the trial court sitting without a jury.

On appeal he contends that the trial court should have acquitted him because (1) there was no evidence that he possessed a “usable” quantity of marihuana, and (2) ORS 474.020, which makes possession of marihuana a felony, unconstitutionally overlaps ORS 475.625(1), which makes using or being under the influence of marihuana a misdemeanor. He also assigns as error requiring reversal the fact that he was not given a preliminary…