STATE v. SALLINGER


504 P.2d 1383 (1972)

STATE of Oregon, Respondent, v. Martin Gene SALLINGER, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1972.


Attorney(s) appearing for the Case

James M. Haberstad, Law Student, argued the cause for appellant. On the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol.Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


SCHWAB, Chief Judge.

Defendant appeals from a conviction upon trial to the court for first degree burglary, ORS 164.225, based on an indictment that charged he unlawfully entered a dwelling house with the intent to commit the crime of harassment, ORS 166.065, therein. His principal contention on appeal is that the harassment statute, ORS 166.065, is unconstitutionally vague and thus his intent at the time of his unlawful entry cannot be considered criminal under the...

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