State v. Bean ( 1971 )

PER CURIAM.

This is a companion case to State v. Whittemore, 6 Or App 363, 487 P2d 1379, decided this day. 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 P2d 1151, Sup Ct review denied (1971).

Eeversed and remanded.