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The indictment in this case alleged that defendant had committed a felony by delivering marijuana to a minor. After the state presented its evidence, defendant moved for a judgment of acquittal on the ground that the indictment failed to allege all the elements of the charged offense. The trial court denied that motion, reasoning that defendant should have raised his objection to the sufficiency of the indictment by way of a demurrer. The Court of Appeals agreed and affirmed the trial court's judgment. State v. Hankins, 194 Or App 140, 93 P3d 826 (2004), on recons, 197 Or App 345, 105 P3d 902 (2005). Court allowed defendant's petition for review and now affirm the Court of Appeals decision.

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