State v. Hollis

Court of Appeals of Oregon

State v. Hollis

502 P.2d 270, 11 Or. App. 169, 1972 Ore. App. LEXIS 651

CourtCourt of Appeals of Oregon

DecidedOctober 19, 1972

DocketNo. 72-0320

StatusPublished

This text of 502 P.2d 270 (State v. Hollis) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hollis, 502 P.2d 270, 11 Or. App. 169, 1972 Ore. App. LEXIS 651 (Or. Ct. App. 1972).

Pincite

Opinion

PER CURIAM.

Defendant appeals from a conviction of Criminal Activity in Drugs, ORS 167.207(1), i.e., possession of marihuana, contending: (1) it is not a crime to possess marihuana under the new criminal code; and (2) there was insufficient evidence that he had knowledge that the substance possessed was marihuana.

The first contention has been resolved adversely to defendant’s position in State v. Simpson, 11 Or App 271, 501 P2d 1311 (1972), Sup Ct review denied (1973).

The second contention is answered by ORS 167.238 (1), which provides:

“Proof of unlawful manufacture, cultivation, transportation or possession of a narcotic or dangerous drug is prima facie evidence of knowledge of its character.”

Affirmed.

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