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STATE v. McCULLOUGH

(CC 060834514; CA A134505; SC S056910).

220 P.3d 1182 (2009)

347 Or. 350

STATE of Oregon, Respondent on Review, v. Roy Lee McCULLOUGH, Jr., aka Roy Lee McCullough, Sr., Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 10, 2009.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Patrick M. Ebbett, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

BALMER, J.

This case involves the construction of the statute that defines the crime of hindering prosecution. That statute, ORS 162.325(1), which we set out in full below, makes it illegal to engage in certain acts intended "to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony." The question is whether ORS 162.325(1) can be applied to a father (defendant) who provided money and an airline ticket...

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