STATE v. BEAN, 6 Or. App. 364 (1971)

487 P.2d 1380

STATE OF OREGON, Respondent, v. DOUGLAS LUTHER BEAN, Appellant.

Oregon Court of Appeals.Argued July 22, 1971
Reversed and remanded August 26, 1971

Appeal from Circuit Court, Benton County.

RICHARD MENGLER, Judge.

Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief were Mulder, Morrow McCrea, Eugene.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and LANGTRY and FORT, Judges.

REVERSED AND REMANDED.

PER CURIAM.

This is a companion case to State v. Whittemore, 6 Or. App. 363, 487 P.2d 1379, decided this day.

Page 365

The main issue presented is identical. In addition, the defendant here demurred to the indictment on the ground that it failed to state a crime because it did not expressly negative within it exceptions contained in ORS 475.100. The demurrer was not well taken. See State v. Alexander, 6 Or. App. 580, 487 P.2d 1151, Sup Ct review denied (1971).

Reversed and remanded.

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