STATE OF OREGON v. WOJAHN


204 Or. 84 (1955)

282 P.2d 675

STATE OF OREGON v. WOJAHN

Supreme Court of Oregon.

Reversed April 13, 1955.


Attorney(s) appearing for the Case

James J. Kennedy, Deputy District Attorney, Portland, argued the cause for appellant. With him on the brief were John B. McCourt, District Attorney, Portland, and Robert Y. Thornton, Attorney General, Salem.

Howard K. Beebe, Portland, argued the cause for respondent. On the brief were Maguire, Shields, Morrison & Bailey, Portland.


REVERSED.

ROSSMAN, J.

This is an appeal by the state from a judgment of the circuit court which was entered in favor of the defendant after the court had sustained a demurrer to the indictment upon the ground that the indictment did not charge the commission of a crime.

The indictment is based upon Oregon's negligent homicide statute, ORS 163.090. The latter was amended, after the indictment was filed, by Oregon Laws 1953, ch 676, § 2. The material...

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