State v. Harp

Defendant appeals from conviction of possession of marihuana. ORS 474.020. He had previously been tried for sale of the same marihuana and the trial judge in that case, on his own motion, dismissed at the end of the state’s case, holding there had been entrapment.

Alleged errors in this case are (1) collateral estoppel should have been applied; (2) acquittal should have been granted on ground of entrapment; (3) the defendant’s requested instruction on entrapment should have been given; (4) the court should have received in evidence the record of the finding of entrapment in the previous case.

Ev…