State v. Folsom

Defendant was found guilty by a jury of selling a narcotic drug, marihuana. He appeals from the judgment of conviction.

The defendant demurred to the indictment on the ground that the designation of marihuana as a narcotic drug by the Oregon legislature is unconstitutional. In the recent case of State v. Leppanen, 252 Or 352, 449 P2d 447 (1969), the Oregon Supreme Court ruled adversely'to defendant’s contention.

Defendant moved to suppress evidence on the ground of entrapment and for a pretrial hearing on this issue. The trial court denied the motions on the basis that entrapment is a defense…