Court of Appeals of Oregon March 7, 1990, 88-08-1547-C; CA A60311 (State v. Jaques)

GRABER, P. J.

Defendant was charged with delivery and possession of a controlled substance. ORS 475.992(1), (2), (4). He moved for a judgment of acquittal at the conclusion of the state’s case. Although the trial court seemed to agree with defendant on the delivery charge, it denied the motion “due to the closeness of the question.