State of Oregon v. Wojahn

This is an appeal by the state from a judgment of the circuit court which was entered in favor of the defendant after the court had sustained a demurrer to the indictment upon the ground that the indictment did not charge the commission of a crime.

The indictment is based upon Oregon’s negligent homicide statute, ORS 163.090. The latter was amended, after the indictment was filed, by Oregon Laws 1953, ch 676, § 2. The material part of ORS 163.090 follows:

“When the death of any person ensues within one year as the proximate result of injuries caused by the driving of any motor vehicle in a…