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STATE v. LINTHWAITE

CA 18242 Through CA 18247; SC 28017.

665 P.2d 863 (1983)

295 Or. 162

STATE of Oregon, Respondent On Review, v. Kenneth Richard LINTHWAITE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided June 21, 1983.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, argued the cause for petitioner on review. With him on the brief was Gary D. Babcock, Public Defender, Salem. On the brief in the Court of Appeals was Dennis D. James, Grants Pass.

Thomas H. Denney, Asst. Atty. Gen., argued the cause for respondent on review. With him on the brief in the Court of Appeals were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

LENT, Chief Justice.

A poorly drafted statute and a confusing trial and appellate history leave this court with two issues to resolve. The first issue is whether ORS 166.220(1) prohibiting attempted use of a dangerous knife requires a victim in order for there to be a crime. That subsection provides:

"Any person who attempts to use, or who with intent to use the same unlawfully against another, carries or possesses a dagger, dirk, dangerous knife,...

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