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STATE v. HARRINGTON

No. B63-826; CA A28262.

680 P.2d 666 (1984)

67 Or.App. 608

STATE of Oregon, Appellant, v. Wayne Anthony HARRINGTON, Respondent.

Court of Appeals of Oregon.

Decided April 11, 1984.

Review Denied August 8, 1984.

Attorney(s) appearing for the Case

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

William J. Stater, Eugene, argued the cause for respondent. With him on the brief was Stater & Nelson, Eugene.

David M. Raim, Charles C. Platt and LeBoeuf, Lamb, Leiby & MacRae, New York City, filed a brief amicus curiae for the Anti-Defamation League of B'nai B'rith.

Rex Armstrong, Portland, filed a brief amicus curiae for American Civil Liberties Union Foundation of Oregon, Inc.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

The state appeals a trial court order sustaining defendant's demurrer to a complaint charging racial intimidation. Former ORS 166.155.1 The intimidation statute enhances the penalty for criminal mischief, ORS 164.345, or harassment, ORS 166.065, when such crimes are motivated by the race, color, religion or national origin of the victim. The complaint in this...

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