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  5. 679 P.2d 1354 (1984)
 

STATE v. GARCIAS

A26238, A26286, A26387, A26285, A26283, A26284; SC 29504, A27666, A27924, A27979; SC 29844, A27262, A27263; SC 29843.

679 P.2d 1354 (1984)

296 Or.App. 688

The STATE of Oregon, Respondent On Review, v. Juan Santos GARCIAS, and Harvey Chico Mullins, and Cassandra Diane Griffith, and Justin Kelly Comer, and Franklin Dimas Chavez; and Asencion Sandoval, and David Alan Fox, and Leon Vincent Graczyk; and Leon Vincent Graczyk, Leon Vincent Graczyk, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided April 3, 1984.

Attorney(s) appearing for the Case

Thomas L. Fagan, Staff Attorney, Public Defender Services of Lane County, Inc., Eugene, argued the cause for petitioners on review. With him on the briefs was Robert J. Larson, Director, Public Defender Services of Lane County, Inc., Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

ROBERTS, Justice.

In these consolidated cases, defendants challenge the constitutionality of the menacing statute, ORS 163.190(1), enacted in 1971. That statute provides:

"A person commits the crime of menacing if by word or conduct he intentionally attempts to place another person in fear of imminent serious physical injury."

We believe the statute can best be understood in relation to the development of criminal assault in this state.

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