STATE v. JOHNSON

No. AC 44687; CA 18421.

628 P.2d 789 (1981)

STATE of Oregon, Respondent, v. Nancy M. JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided June 1, 1981.


Attorney(s) appearing for the Case

Francis I. Smith, Portland, argued the cause and filed the brief for appellant.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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


YOUNG, Judge.

Defendant appeals from her conviction for keeping a vicious dog in violation of an ordinance of the City of Portland. We reverse.

On April 8, 1980, five-year-old Kelly Gwilliams rode his bicycle on defendant's driveway. At the same time, defendant opened her garage door, unaware of Kelly's presence. Defendant's dog apparently came into the garage from a fenced area of the yard and reacted to the child's presence by rushing toward and jumping...

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