STATE v. ANDERSON

No. CR 80-452; CA A21489.

641 P.2d 40 (1982)

56 Or.App. 12

STATE of Oregon, Appellant, v. Ronald Anthony ANDERSON, Respondent.

Court of Appeals of Oregon.

Decided February 22, 1982.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


THORNTON, Judge.

The state appeals an order of the district court sustaining a demurrer to a complaint charging defendant with menacing. The trial judge ruled that the statute, ORS 163.190 is unconstitutionally vague and overbroad. We reverse and remand for trial.

The complaint alleges:

"The Defendant, on or about July 15, 1980, in the County of Benton and State of Oregon did unlawfully and intentionally attempt to place Carl Skirving in fear of imminent...

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