State v. Harris

*319GILLETTE, J.

The state appeals from an order of the trial court sustaining defendant’s demurrer to a charging instrument accusing defendant of violating ORS 166.240 by carrying a "knife other than an ordinary pocketknife” concealed about his person. We reverse.

This case appears to be governed by our holding in City of Portland v. Elston, 39 Or App 125, 591 P2d 406 (1979). A decent respect for the principle of stare decisis would normally compel us to the same result here. However, further reflection on Elston has led us to conclude that our holding in Elston should be modified.

Elston holds the…