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STATE v. MORGAN

96CR1097FA, 96CR1097FB, 96CR1097FC; CA A95034.

951 P.2d 187 (1997)

151 Or. App. 750

STATE of Oregon, Appellant, v. Brett Allen MORGAN; Angela Middleton; and Shane Scott Hall, Respondents.

Court of Appeals of Oregon.

Decided December 24, 1997.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Charles F. Lee, Roseburg, argued the cause for respondent Brett Allen Morgan. With him on the brief was Lee & Kaser, P.C.

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, filed the brief for respondent Angela Middleton.

No appearance for respondent Shane Scott Hall.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Defendants were charged by indictment with one count each of delivery, possession and manufacture of a controlled substance. ORS 475.992. They demurred on the ground that the indictment was not sufficiently definite and certain as required under ORS 132.550(7).1 The trial court sustained the demurrer, and the state appeals. ORS 138.060(1). We reverse.

Following the execution of a search warrant at a residence, the...

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