State v. Edmiston

The state appeals from an order sustaining defendant’s demurrer to an indictment charging kidnapping in the second degree and conspiracy to kidnap. The indictment alleges that defendant took a child from its mother at the direction of the child’s father, and that the father is the husband of the mother. The trial court dismissed the indictment and we affirm.

This case differs from the situation in State v. Keaton, 15 Or App 477, 516 P2d 490 (1973), rev den (1974), where the father and mother were unmarried, the father had not established paternity, and the mother, by statute, had exclusive…