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STATE v. SHADLEY

517 P.2d 324 (1973)

STATE of Oregon, Appellant, v. Howard Ray SHADLEY, Respondent. State of Oregon, Appellant, v. GARY SPENCER, Respondent. State of Oregon, Appellant, v. DELBERT ANDREW ROWE, Respondent.

Court of Appeals of Oregon.

Decided December 24, 1973.

Attorney(s) appearing for the Case

John F. Hunnicutt, Deputy Dist. Atty., St. Helens, argued the cause for appellant. With him on the brief was Robert A. Lucas, Dist. Atty., St. Helens.

Robert P. VanNatta, St. Helens, argued the cause for respondents. With him on the brief were VanNatta & Peterson, St. Helens.

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

SCHWAB, Chief Judge.

In these three consolidated cases, each defendant was charged with criminal activity in drugs, ORS 167.207, in separate indictments that merely alleged that the defendants "did * * * furnish Marihuana." The trial court sustained defendants' demurrers. The state's appeal presents two questions: (I) are the indictments insufficient because they fail to specify the person to whom illegal drugs were furnished?; and (II) are the indictments insufficient...

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