STATE v. CRANE

No. DA 165557-7903; CA 16033, No. DA 173934-7907; CA 16066, No. DA 173952-7907; CA 16078.

612 P.2d 735 (1980)

46 Or.App. 547

STATE of Oregon, Appellant, v. Eddie Ray CRANE, Respondent. STATE of Oregon, Appellant, v. James David SIMPSON, Respondent. STATE of Oregon, Appellant, v. Shawn Dion SIMPSON, Respondent.

Court of Appeals of Oregon.

Decided June 9, 1980.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and James M. Brown, Asst. Atty. Gen., Salem.

Emily Simon, Metropolitan Public Defender, Portland, argued the cause for respondents. With her on the brief were David Schermer, Oregon City, Martha Takaro, Certified Law Student, and Ellen Pitcher, Research Law Student, Portland.

David L. Slader, Portland, filed a brief amicus curiae for ACLU Foundation of Oregon, Inc.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


GILLETTE, Presiding Judge.

This is one of three cases1 in which we are asked to decide the constitutionality of the Resisting Arrest statute, ORS 162.315.2 Each of the defendants in the cases now before us was charged with the misdemeanor of resisting arrest. Each demurred to the complaint, challenging the underlying statute as unconstitutional. The trial courts sustained the demurrers, concluding that the...

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