State v. Bowen

Defendant was convicted of the unlawful sale of a narcotic drug in violation of ORS 474.020. On appeal he contends that the trial court erred in (1) denying his motion to strike testimony relating to defendant’s prior possession and use of a narcotic drug, (2) denying defendant’s motions for judgment of acquittal and for a directed verdict, and (3) instructing the jury that the state need not prove the crime was committed on the date alleged as long as they found it had been committed within the statute of limitations, and refusing to instruct that time was a material element of the charge.

A…