STATE v. SMOOT

B68-696; CA A47755.

775 P.2d 344 (1989)

97 Or.App. 255

STATE of Oregon, Respondent, v. Dayne Arthur SMOOT, Appellant.

Court of Appeals of Oregon.

Decided June 14, 1989.


Attorney(s) appearing for the Case

James W. Kirk, Springfield, argued the cause and filed the brief for appellant.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Defendant appeals from a conviction for carrying a concealed weapon, a switchblade knife, in his trouser pocket. ORS 166.240. He argues that ORS 166.240(1) is unconstitutional, because it violates Article I, section 27, of the Oregon Constitution.1 We affirm.

ORS 166.240(1) provides, in relevant part:

"[A]ny person who carries concealed upon the person any knife having a blade that projects or swings into...

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