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STATE v. BLAIR

TC B46-293; CA 12166; SC 26079.

601 P.2d 766 (1979)

287 Or. 519

The STATE of Oregon, Respondent, v. Carl Gerald BLAIR, Petitioner.

Supreme Court of Oregon, In Banc.

Decided October 16, 1979.

Attorney(s) appearing for the Case

Michael F. Fox, of Hoffman, Morris, Van Rysselberghe & Giustina, Eugene, argued the cause and filed a brief for petitioner.

Jonathan H. Fussner, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty.

LINDE, Justice.

Defendant was charged with committing the crime of "harassment" by means of telephone calls to named persons in a manner both intended and "likely to cause annoyance and alarm," contrary to ORS 166.065(1)(c). The district court sustained defendant's demurrer to the complaint on the ground that the statute is unconstitutionally vague. On the state's appeal, the Court of Appeals reversed, 38 Or.App. 90,

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