State v. Steward

Defendant appeals from conviction and sentence for possession of marihuana. Former ORS 474.020. ① The original indictment was returned on October 30, 1970. Upon motion by the district attorney the court ordered the matter resubmitted to the grand jury and a second indictment was returned on December 10, 1970. The second indictment charged the defendant with possession (Count I), control (Count II), and dispensing (Count III). Each of the indictments was numbered “7414.” Defendant demurred to both indictments. The reason assigned for the demurrer to the second indictment was that three crimes…