STATE v. KRAL

No. R 11946; CA A20765.

637 P.2d 1300 (1981)

55 Or.App. 212

STATE of Oregon, Respondent, v. Robert Burl KRAL, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1981.


Attorney(s) appearing for the Case

Douglas A. Swanson, Portland, argued cause and filed brief for appellant.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals his conviction of wanton waste of food fish, ORS 509.112, a Class A misdemeanor. He seeks reversal on the grounds that the statute defining the crime is unconstitutionally vague and that his motion for judgment of acquittal should have been granted.

In his first assignment of error defendant challenges ORS 509.112 as being unconstitutionally vague. He raises this issue for the first time on appeal; it was not...

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