STATE v. THOMAS

01-04-102-CR; A116172

63 P.3d 1242 (2003)

186 Or. App. 411

STATE of Oregon, Appellant, v. Gene Tunney THOMAS, Respondent.

Court of Appeals of Oregon.

February 19, 2003.


Attorney(s) appearing for the Case

On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Daniel J. Casey, Assistant Attorney General.

No appearance for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

The state appeals an order granting a demurrer to one count of an indictment charging defendant with first-degree animal abuse on the ground that the statute defining the offense is unconstitutionally overbroad. We reverse and remand.

By indictment, the state charged defendant with committing first-degree animal abuse, ORS 167.320, and unlawful use of a weapon, ORS 166.220, arising out of an incident in which he shot and killed a neighbor's dog...

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