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STATE v. WAGGONER

549 P.2d 685 (1976)

STATE of Oregon, Respondent, v. Richard Matthew WAGGONER, Appellant.

Court of Appeals of Oregon.

Decided May 17, 1976.

Attorney(s) appearing for the Case

William H. Lazar, Certified Law Student, Portland, argued the cause for appellant. On the brief was Ancer L. Haggerty, Portland.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and LEE, JJ.

FORT, Judge.

Defendant was charged by district attorney's information with the misdemeanors of second degree theft, ORS 164.045, and resisting arrest, ORS 162.315. He demurred to the information on the ground that since the Oregon Constitution made no provision for charging misdemeanors by information the charging procedure was unconstitutional. The trial court overruled the demurrer and defendant pled guilty to the resisting arrest charge. Judgment was imposed thereon...

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