![]() ![]() Can you tell me anything about the defendant? Do you have a few minutes now?" (Emphasis supplied.) That takes it up to August, I believe, of last year. As I stated, I received it from Judge * * *. "THE COURT: I read the pre-sentence report. Would you like it continued for sentencing until then? HOWLETT: Yes, Your Honor, I wonder if we could is the Court free on Monday morning at 9:00? "Do the parties wish to waive time in which to be sentenced? I sent down and got a copy of the pre-sentence report that Judge * * * had previously ordered. Immediately thereafter, the following occurred: The court denied that motion, and then called for arguments. The defendant immediately rested and moved for a directed verdict. The following day the court, after giving its oral opinion on the merits of the motion, denied it. "I will rule on your motion then tomorrow morning." When the state rested, defendant made a motion for judgment of acquittal. At the second trial the defendant was again convicted and was placed on probation for two years. ![]() Since defendant again waived a jury, it was correctly assigned to a different judge. On the appeal from that conviction, the state stipulated that reversible error had occurred, and the matter was thereupon remanded for a new trial. ![]() In due course it was received and the defendant sentenced pursuant thereto for an indeterminate period not exceeding three years. Following that conviction a presentence report was ordered by that court. The defendant had previously been tried to the court and convicted for the same offense in a different department of the circuit court. Gen., Salem.īefore SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.ĭefendant was tried without a jury for the felony of illegal sale of narcotics. With him on the brief were Lee Johnson, Atty. Gen., Salem, argued the cause for respondent. Howlett, Portland, argued the cause and filed the brief for appellant. Court of Appeals of Oregon, Department 1. ![]()
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