State v. Waldo

The state appeals from an order that sustained defendant’s demurrer to an indictment charging her with escape in the second degree. ORS 162.155. We reverse.

The indictment alleged:

“That [defendant] on or about the 25th day of August, 1987, in Washington County, Oregon, did unlawfully and knowingly escape from the Washington County Jail, a correctional facility; contrary to the statutes in such cases made and provided and against the peace and dignity of the State of Oregon.” (Emphasis supplied.)

Defendant demurred, claiming that the indictment failed to state facts constituting a crime. ORS…