Appeal from Circuit Court, Lane County. Helen J. Frye, Judge. No. 72 3201.
John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Schwab, Chief Judge, and Foley and Fort, Judges.
Defendant upon trial to a jury was convicted of two counts of criminal activity in drugs in violation of ORS 167.207 and received concurrent sentences of five years' imprisonment. The indictment read:
"* * * LARRY RALPH MILLER on * * * the 19th day of August, 1972 * * * acting together in pursuance of a common intent with Kay Frances Yarbrough, did knowingly and unlawfully transport the dangerous drug methamphetamine in a 1965 Ford automobile on Highway 101, Florence, Oregon * * *
and as part of the same act and transaction set out in Count I herein * * * Larry Ralph Miller on or about the 19th day of August, 1972 * * * did knowingly and unlawfully possess the dangerous drug methamphetamine * * *."
The pertinent portion of ORS 167.207 states:
"(1) A person commits the crime of criminal activity in drugs if he knowingly and unlawfully manufacturers [sic], cultivates, transports, possesses,
furnishes, prescribes, administers, dispenses or compounds a narcotic ...