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STATE v. HOLLISTER

(99-1269; CA A108197)

20 P.3d 833 (2001)

172 Or. App. 759

STATE of Oregon, Appellant, v. Clinton L. HOLLISTER, Respondent.

Court of Appeals of Oregon.

Decided February 28, 2001.

Attorney(s) appearing for the Case

Thomas C. Patton, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Elizabeth Baldwin, Astoria, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

PER CURIAM.

The state appeals the trial court's grant of defendant's demurrer to count 1 of the indictment, which charged that he committed assault in the fourth degree by:

"unlawfully and recklessly caus[ing] physical injury to Crystal L. Williams by grabbing her neck and the defendant's conduct was witnessed by [A.W.] the minor child of Crystal L. Williams."

Under ORS 163.160(3)(b), the fact that a minor child of the victim witnessed such an assault...

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