State v. Johnson

Defendant alleges several assignments of error in this appeal from a conviction of two counts of criminal activity in drugs. ORS 167.207. His conviction was based on evidence of narcotic drugs seized from his person and from a motorcycle under a search warrant. We affirm.

Defendant first assigns as error the trial court’s failure to sustain his objection to defendant’s reindictment by the grand jury after the prosecution’s motion to dismiss the first indictment was granted on the ground that it contained a fatal variance.1 The order recited that "* * * the indictment herein contained a fatal…