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CITY OF PORTLAND v. TUTTLE

TC No. DA 217706-8108, CA A24555; SC 29475.

668 P.2d 1197 (1983)

295 Or. 524

CITY OF PORTLAND, Respondent On Review, v. Erika TUTTLE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 16, 1983.

Attorney(s) appearing for the Case

Richard L. Lonergan, Portland, argued the cause for petitioner on review. With him on the petition were Howard R. Lonergan and Clint A. Lonergan, Portland.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

JONES, Justice.

Defendant was charged with violating Portland City Code Section 14.08.140(b), "Interfering with a police officer." The trial court suppressed evidence on the ground that the police entry into the defendant's home was illegal but overruled defendant's demurrer to the complaint ruling that it sufficiently pled an offense. The trial court also denied the defendant's motion for a jury trial ruling that the offense was a violation and not a crime. The City...

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