State v. Smith

Defendant appeals his conviction by a jury on a charge of criminal activity in drugs by possession of heroin. Former ORS 167.207. He assigns as errors denial of his motion to order disclosure of an informant’s identity, admission into evidence of money seized from his possession pursuant to a search warrant, failure to give a requested lesser included offense instruction and the trial court’s post-trial refusal to release the money.

The police observed defendant drive away from a house in which he resided with Joyce Talley. The car was stopped after he had driven several blocks. A warrant to…