State v. Burgess

Upon trial to the court sitting without a jury defendant was convicted of illegal sale of heroin in violation of ORS 474.020. On appeal he makes two assignments of error, (1) the failure of the state to prove that the quantity of heroin involved was of such quantity and quality as to be susceptible of use as a narcotic drug, and (2) the viewing of a Federal Bureau of Investigation record of previous convictions of the defendant by the trial judge prior to the finding of guilt.

In support of his first assignment of error defendant cites cases from other jurisdictions holding that in order to…