State v. Stevens

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 offense, contrary to the statutes * *

Defendant demurred to the indictment on the ground that the allegation of the previous drug conviction violates ORS…