State v. Thompson

The state appeals the dismissal of a complaint charging defendant with assault in the fourth degree, ORS 163.160. The complaint alleges in pertinent part that defendant "did unlawfully and knowingly cause physical injury to [complainant] by striking [complainant] in the face * * *.” Dismissal of the complaint followed the state’s refusal to plead further after the trial court sustained defendant’s demurrer, with leave to amend, on the ground that it was not definite and certain enough to enable defendant to make his defense.

Defendant contended that the complaint was defective because it…