State v. Shadley

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 because they fail to specify the manner in which the drugs were furnished?

I

In State v. Kraemer, 9 Or App 220, 222, 495 P2d 1241, Sup Ct review…