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STATE v. TIMMONS

J84-0451; CA A35001.

706 P.2d 1018 (1985)

75 Or.App. 678

STATE of Oregon, Respondent, v. Garrell Leon TIMMONS, Appellant.

Court of Appeals of Oregon.

Decided October 9, 1985.

Reconsideration Denied November 8, 1985.

Attorney(s) appearing for the Case

Carla D. Thompson, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

ROSSMAN, Judge.

Defendant asks us to reverse his conviction for criminal nonsupport, contending that the phrase "without lawful excuse" in the charging statute, ORS 163.555(1), is unconstitutionally vague. We affirm.

Defendant was charged in a two-count indictment with unlawfully and knowingly refusing and neglecting to support his children, during the three year period "between February 8, 1981 and February 8, 1984...

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