Legal Opinion
State v. Anderson
Court of Appeals of Oregon
Decided February 22, 1982No. CR 80-452, CA A21489PublishedCited by 8 opinions
1Opinion of the CourtThornton, J.
The state appeals an order of the district court sustaining a demurrer to a complaint charging defendant with menacing. The trial judge ruled that the statute, ORS 163.190 is unconstitutionally vague and overbroad. We reverse and remand for trial.
The complaint alleges:
“The Defendant, on or about July 15, 1980, in the County of Benton and State of Oregon did unlawfully and intentionally attempt to place Carl Skirving in fear of imminent serious physical injury by brandishing a pistol at Carl Skirving while threatening to shoot him.”
Menacing is defined by ORS 163.190(1), which provides:
“A…
2Cases cited10 opinions
- State v. HodgesOregon Supreme Court · 1969
- State v. SpencerOregon Supreme Court · 1980
- State v. BlockerOregon Supreme Court · 1981
- City of Portland v. WhiteCourt of Appeals of Oregon · 1972
- State v. SandersonCourt of Appeals of Oregon · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. PensingerCalifornia Supreme Court · 1991
- State v. GarciasOregon Supreme Court · 1984
- State v. C. S.Court of Appeals of Oregon · 2015
- Jose Flores-Vasquez v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2023
- People v. PensingerCalifornia Supreme Court · 1991
3 more not listed; retrieve them via the Exa API.