Legal Opinion

State v. Mills

Court of Appeals of Oregon

Decided June 15, 1981No. DA 161625-7812, CA 19395PublishedCited by 12 opinions

1Opinion of the CourtRoberts, J.

Defendant was charged with three counts of child neglect. ORS 163.545. The trial court granted her demurrer and dismissed the case on the ground that the child neglect statute is unconstitutionally vague. The state appeals. We reverse and remand for trial.

ORS 163.545 reads as follows:

"(1) A person having custody or control of a child under ten years of age commits the crime of child neglect, if, with criminal negligence, he leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.”

Defendant’s demurrer specifically…

2Cases cited30 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  5. Winters v. New YorkSupreme Court of the United States · 1948

25 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Keser v. StateWyoming Supreme Court · 1985
  2. State v. CantwellCourt of Appeals of Oregon · 1984
  3. State v. ParagonCourt of Appeals of Oregon · 2004
  4. State v. StephensWest Virginia Supreme Court · 1999
  5. State v. DamofleCourt of Appeals of Oregon · 1988

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API