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STATE v. KELLER

No. DA143278; CA 12239.

594 P.2d 1250 (1979)

40 Or.App. 143

STATE of Oregon, Appellant, v. Frank D. KELLER, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted May 8, 1979.

Decided May 14, 1979.

Attorney(s) appearing for the Case

Allison E. Smith, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Linda Hughes, Certified Law Student, Portland, argued the cause for respondent. With her on the brief was Janet L. Hoffman, Supervising Atty., Metropolitan Public Defender, Portland.

Resubmitted In Banc May 8, 1979.

SCHWAB, Chief Judge.

Defendant was charged with the crime of harassment by a complaint that alleged he subjected the victim "to offensive physical contact, to-wit: by causing spittle to land on the person of said [victim]." The parties treat "causing spittle to land" as a convoluted way of saying defendant spit on the victim. Defendant demurred on the ground that spitting on another is not, as a matter of law, offensive physical...

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