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STATE v. WILCOX

216 Or. 110 (1959)

337 P.2d 797

STATE OF OREGON v. WILCOX

Supreme Court of Oregon.

Reversed April 15, 1959.

Attorney(s) appearing for the Case

Robert J. McCrea, Deputy District Attorney, Eugene, argued the cause for appellant. With him on the briefs were Eugene C. Venn, District Attorney, and Roger N. Rook, Deputy District Attorney, both of Eugene.

Kenneth A. Poole, Eugene, argued the cause for respondent. On the brief was Donald F. Bach, Eugene.

Before McALLISTER, Chief Justice, and PERRY, SLOAN and O'CONNELL, Justices.

REVERSED.

O'CONNELL, J.

This is an appeal by the state from an order sustaining the defendant's demurrer to an indictment. The state contends that the indictment effectively charges the crime of negligent homicide defined in ORS 163.091. The indictment reads as follows:

"The above named Eldon Raymond Wilcox is accused by the Grand Jury of the County of Lane, State of Oregon, by this Indictment, of the crime of Negligent Homicide committed as follows...

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