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7 Or. App. 153

State v. Hickman

Court of Appeals of Oregon

Decided November 5, 1971

Court of Appeals of Oregon · decided 1971-11-05

Decided 1971-11-05

PER CURIAM.

¶1Defendant, having waived a jnry, was convicted by the conrt of the sale of dangerous drugs. ORS 475.100. He appeals, assigning as sole error the failure of the trial conrt sua sponte “to direct a verdict of acquittal.”

¶2This conrt has repeatedly held that absent a showing of manifest injustice we will not consider matters raised for the first time on appeal which were not called to the attention of the trial court. There is no such showing here. State v. Paola, 3 Or App 258, 473 P2d 690 (1970).

¶3Affirmed.

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