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STATE v. BEAN

487 P.2d 1380 (1971)

STATE of Oregon, Respondent, v. Douglas Luther BEAN, Appellant.

Court of Appeals of Oregon, Department 1.

Decided August 26, 1971.

Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

PER CURIAM.

This is a companion case to State v. Whittemore, Or. App., 487 P.2d 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, Or. App., 487 P.2d 1151

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