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STATE v. STEVENS

502 P.2d 612 (1972)

STATE of Oregon, Appellant, v. Mark Alvin STEVENS, Respondent.

Court of Appeals of Oregon.

Decided November 10, 1972.

Attorney(s) appearing for the Case

John W. Osburn, Sol. General, Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Defendant was charged by indictment with the crime of criminal activity in drugs in violation of ORS 167.207. The indictment reads as follows:

"That the said defendant Mark Alvin Stevens on the 25th day of February A.D. 1972, in the said County of Washington, State of Oregon, then and there being, did unlawfully, feloniously and knowingly possess marihuana, a narcotic drug, the said defendant having a previous conviction for a narcotic drug...

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