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STATE v. DOLAN

No. DA 153180-7807; CA 12976.

595 P.2d 836 (1979)

40 Or.App. 447

STATE of Oregon, Appellant, v. Michael Edward DOLAN, Respondent.

Court of Appeals of Oregon.

Decided May 29, 1979.

Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Rita M. Radich, Portland, filed the brief for respondent.

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

RICHARDSON, Judge.

The state appeals an order sustaining defendant's demurrer and setting aside a criminal complaint charging defendant with disorderly conduct, ORS 166.025(1)(a), in the following language:

"The said defendant, on or about July 11, 1978, in Multnomah County, State of Oregon, did unlawfully and recklessly create a risk of public inconvenience, annoyance and alarm by engaging in tumultuous behavior...

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