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STATE v. TUCKER

558 P.2d 1244 (1977)

28 Or.App. 29

STATE of Oregon, Appellant, v. Nickodemas TUCKER, Respondent.

Court of Appeals of Oregon.

Decided January 10, 1977.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

RICHARDSON, Judge.

The state appeals from an order sustaining defendant's demurrer to a criminal complaint which charged a violation of ORS 166.240,1 and stated that the defendant

"* * * did unlawfully and knowingly carry concealed on his person a set of `nunchaku sticks' which could be used to injure the person and property of another * * *." Defendant's demurrer contended "* * * that the facts stated in the...

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