STATE v. ROBERTSON

No. 10-80-07971; CA 19337.

635 P.2d 1057 (1981)

STATE of Oregon, Appellant, v. Dwight ROBERTSON, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1981.


Attorney(s) appearing for the Case

Darryl L. Larson, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Kenneth A. Morrow, Eugene, argued the cause for respondent. With him on the brief was Morrow, McCrea & Divita, P.C., Eugene.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

Defendant was indicted for sodomy in the first degree and coercion in compelling another person to engage in deviate sexual intercourse. Defendant demurred to the second count of the indictment (coercion) on the ground that the indictment and the statute were unconstitutionally vague. In written memoranda the additional contention was made that the statute was unconstitutionally broad. The trial judge signed an order which sustained the demurrer, and...

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