State v. Wilcox

This is an appeal by the state from an order sustaining the defendant’s demurrer to an indictment. The state contends that the indictment effectively charges the crime of negligent homicide defined in ORS 163.091. The indictment reads as follows:

“The above named Eldon Raymond Wilcox is accused by the Grand Jury of the County of Lane, State of Oregon, by this Indictment, of the crime of Negligent Homicide committed as follows:

“The said Eldon Raymond Wilcox on the 10th day of November, 1957, in the County of Lane and State of Oregon, then and there being, and then and there being the driver of…