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STATE v. ROSEN

No. 39507; CA 11801.

589 P.2d 1132 (1979)

38 Or.App. 107

STATE of Oregon, Respondent, v. Marla Catherine ROSEN, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

James M. Gillis, Newport, argued the cause for appellant. With him on the brief was Litchfield, Macpherson, Carstens & Gillis, Newport.

Jan P. Londahl, 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 SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

SCHWAB, Chief Judge.

The sole question on appeal is whether a single episode of misconduct in connection with the care of a child is punishable under ORS 163.555, the criminal nonsupport statute.1

Defendant took her three-month-old daughter with her to a tavern in Newport but was asked to take the child out of the tavern. Then, some time between 8 p.m. and 9 p.m., defendant asked for and received permission from one Gerald Pfund...

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