Legal Opinion

State v. Crane

Court of Appeals of Oregon

Decided June 9, 1980No. DA 165557-7903, CA 16033; DA 173934-7907, CA 16066; DA 173952-7907, CA 16078PublishedCited by 20 opinions

1Opinion of the CourtGillette, P. J.

This is one of three cases 1 in which we are asked to decide the constitutionality of the Resisting Arrest statute, ORS 162.315. 2 Each of the defendants in the cases now before us was charged with the misdemeanor of resisting arrest. Each demurred to the complaint, challenging the underlying statute as unconstitutional. The trial courts sustained the demurrers, concluding that the statute is unconstitutionally vague and overbroad, and dismissed the complaints. The state appeals. We reverse.

Defendants in these cases advance three arguments in support of their contention that the resisting…

2Cases cited28 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. United States v. Di ReSupreme Court of the United States · 1948
  4. Terminiello v. ChicagoSupreme Court of the United States · 1949
  5. Bridges v. CaliforniaSupreme Court of the United States · 1941

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3Cited by20 opinions

  1. Commonwealth v. MoreiraMassachusetts Supreme Judicial Court · 1983
  2. State v. BurgerCourt of Appeals of Oregon · 1982
  3. Rich v. StateCourt of Special Appeals of Maryland · 2012
  4. State v. WrightOregon Supreme Court · 1990
  5. State v. CastleCourt of Appeals of Oregon · 1980

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

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