State v. Smith

The defendant was convicted of the crime of criminal activity in drugs (ORS 167.207). He appeals, asserting two assignments of error. One is that the court erred in denying his motion for judgment of ■acquittal. The basis of the motion was that there was insufficient evidence that he had possession of the heroin that constituted the basis of the charge.

There was evidence from which the jury could have found that the police, armed with a search warrant to search a single family house where defendant lived with two of his children, arrested the defendant as he was driving away from his home. No…