State v. Doerge

Defendant was found guilty after jury trial of the crime of unlawful possession of a narcotic drug, namely, marihuana in hashish form. ORS 474.020. ① The trial judge suspended imposition of sentence and placed defendant on probation for three years.

On appeal defendant contends that the trial judge erred: (1) in failing to grant a directed verdict of not guilty because the state had failed to prove that defendant had actual knowledge of the nature of the narcotic drug contained in the package mailed to him and (2) in instructing the jury as follows:

“You are also instructed that the evidence…