STATE v. MOYLE

DA 240844-8208; CA A28286.

673 P.2d 1366 (1983)

66 Or.App. 274

STATE of Oregon, Appellant, v. Kenneth Allen MOYLE, Respondent.

Court of Appeals of Oregon.

Decided December 21, 1983.


Attorney(s) appearing for the Case

Jan Peter Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Sol. Gen., Salem.

Marcia Levy, Metropolitan Public Defender, Portland, argued the cause and filed the brief for respondent.

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


ROSSMAN, Judge.

Defendant is charged with two counts of "conveying a telephonic threat to inflict serious physical injury" in violation of Oregon's harassment statute. ORS 166.065(1)(d). In the first count, he is accused of threatening to kill the victim and her family and to bomb her home and car. In the second count, he is accused of threatening to kill a different victim "and children and to kidnap and rape children."

Before the time set for trial, defendant...

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