This is a companion case to State v. Whittemore, 6 Or App 363, 487 P2d 1379, decided this day. *365The 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 P2d 1151, Sup Ct review denied (1971).

Eeversed and remanded.