State v. Barker

Defendant was charged with two counts of theft and five counts of official misconduct. ORS 164.055; ORS 162.415. The state appeals from an order that sustained defendant’s demurrer to the indictments charging him with official misconduct. We reverse and remand.

The indictment alleged that defendant, “being a public servant, to-wit: [A] Marion County Sheriffs Office Deputy, did then and there unlawfully and knowingly perform an act, to-wit: worked on a private job while on duty as a Sheriffs Deputy, which act constituted an unauthorized exercise of his official duties, with intent to obtain a…