State v. Irving

Defendant was indicted for the crime of fraudulent sale of imitation drugs. This offense is defined by ORS 167.232:

“ (1) A person commits the crime of fraudulent sale of imitation drugs if he sells any compound, substance or other matter, not a narcotic or dangerous drug, to a peace officer or his agent by falsely representing it to be a narcotic or dangerous drug.

“(2) Fraudulent sale of imitation drugs is a Class B misdemeanor.”

Defendant demurred to the indictment. The trial court, apparently believing that the statute’s proscription of such sales only if made to “a peace officer” rendered…