State v. Kral

Defendant appeals his conviction of wanton waste of food fish, ORS 509.112, a Class A misdemeanor. He seeks reversal on the grounds that the statute defining the crime is unconstitutionally vague and that his motion for judgment of acquittal should have been granted.

In his first assignment of error defendant challenges ORS 509.112 as being unconstitutionally vague. He raises this issue for the first time on appeal; it was not urged in the trial court. While appellate courts will generally not consider a constitutional issue raised for the first time on appeal, we have done so in certain…