STATE v. MILLS

No. DA 161625-7812; CA 19395.

629 P.2d 861 (1981)

52 Or.App. 777

STATE of Oregon, Appellant, v. Brenda Joyce MILLS, Respondent.

Court of Appeals of Oregon.

Decided June 15, 1981.

Reconsideration Denied July 23, 1981.


Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James M. Brown, former Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Merrill Schneider, Portland, argued the cause and filed the brief for respondent.

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


ROBERTS, Judge.

Defendant was charged with three counts of child neglect. ORS 163.545. The trial court granted her demurrer and dismissed the case on the ground that the child neglect statute is unconstitutionally vague. The state appeals. We reverse and remand for trial.

ORS 163.545 reads as follows:

"(1) A person having custody or control of a child under ten years of age commits the crime of child neglect, if, with criminal negligence, he leaves...

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