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STATE v. NUSSBAUM

491 P.2d 1013 (1971)

STATE of Oregon, Appellant, v. Carolyn Abby NUSSBAUM et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided December 15, 1971.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen., and James L. Carney, Asst. Atty. Gen., Salem.

Stanton F. Long, Eugene, argued the cause for respondent Harris. With him on the brief were Johnson, Johnson & Harrang, Eugene.

Robert L. Ackerman, Springfield, was on the brief for respondents Nussbaum, Nussbaum, Howe, Gratz, Zerzan, Dolan, Freed and Murphy. With him on the brief were Babcock & Ackerman, Springfield.

Terence J. Hammons, Eugene, was on the brief for respondents Lothian, Viera, Chase and Husted.

TONGUE, Justice.

This case presents the question whether an indictment for the crime of rioting, in violation of ORS 166.040(1), is insufficient on demurrer if it fails to allege the names of three co-rioters or that the names of the other co-rioters are unknown to the grand jury.1

Eight of the defendants were charged with participating in a riot at the Reserve Officers Training Corps...

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