STATE v. BEAN

PER CURIAM.

This is a companion case to State v. Whittemore, 6 Or. App. 363, 487 P.2d 1379, decided this day. The main issue presented is identical. In addition, the defendant here demurred to the indictment on the ground that it failed to state a crime because it did not expressly negative within it exceptions contained in ORS 475.100. The demurrer was not well taken. See State v. Alexander, 6 Or. App. 580, 487 P.2d 1151, Sup Ct review denied (1971).

Reversed and remanded.