State v. McKenzie

The issue in this case is whether a criminal statute may be challenged for unconstitutional vagueness by a motion for a judgment of acquittal made at the conclusion of the State’s case. The Court of Appeals determined that such a challenge was not timely and affirmed defendant’s conviction without reaching the merits of his claim. State v. McKenzie, 92 Or App 647, 759 P2d 1123 (1988). Although we agree that a motion for a judgment of acquittal was not the proper method to challenge the constitutionality of the statute, we conclude that a remedy was available in the form of a motion in arrest…