The state appeals from an order allowing defendant’s demurrer to an indictment which charged conspiracy to commit burglary in the first degree in Count I and "as part of the same act and transaction alleged in Count I” conspiracy to commit custodial interference in the first degree. The trial court found that the indictment did not conform to ORS 132.560 1 and ordered the indictment resubmitted to the grand jury.

We reverse and remand for trial.

In passing upon the validity of an indictment, the trial court is bound by the terms of the accusatory instrument. State v. Norton, 9 Or App 595, 497 P2d 680 (1972); State v. Davis, 1 Or App 285, 462 P2d 448 (1969). We are not here dealing with a problem of merging convictions. The indictment charged two crimes, not one. Apparently the trial court assumed that the indictment charged only one conspiracy, whereas by its terms it charged two separate and distinct conspiracies. The demurrer was improperly allowed. State v. Huennekens, 245 Or 150, 154, 420 P2d 384 (1966); State v. Tucker, 252 Or 597, 451 P2d 471 (1969); State v. Fitzgerald, 267 Or 266, 516 P2d 1280 (1973).

Reversed and remanded for trial.