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STATE v. MITCHELL

No. 80-1506; CA A23468.

655 P.2d 632 (1982)

61 Or.App. 127

STATE of Oregon, Respondent, v. Glenn Leo MITCHELL, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1982.

Attorney(s) appearing for the Case

Ronald K. Cox, Asst. Public Defender, Coquille, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for criminal nonsupport. ORS 163.555. He contends that the trial court erred in denying his demurrer challenging the sufficiency of the indictment on the grounds that, because the indictment did not allege that the failure to provide support was "without lawful excuse," an element of the crime, the indictment did not state facts constituting an offense.1 We affirm.

ORS 163.555(1...

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