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STATE v. SCOTT

No. 78-02; CA 10777.

583 P.2d 1156 (1978)

STATE of Oregon, Respondent, v. Edd SCOTT, Appellant.

Court of Appeals of Oregon.

Decided September 6, 1978.

Attorney(s) appearing for the Case

Tyler E. Marshall, Portland, argued the cause for appellant. With him on the brief was Bouneff, Muller & Marshall, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before THORNTON, P.J., and TANZER and BUTTLER, JJ.

THORNTON, Presiding Judge.

Defendant was charged with custodial interference in the second degree. ORS 163.245.1 At trial he demurred to the complaint on the ground that it did not contain an allegation that the person enticed was under the age of 16. The trial court overruled the demurrer and defendant was convicted.

The only issue on appeal is whether ORS 163.245(1) should be construed to mean that a person 16 years or older...

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