State v. Florea

Defendant, a former chief of police of Monroe, Oregon, was convicted by a jury of theft and of official misconduct in the first degree. By demurrer to the indictment and on appeal he asserted that the statutory definition of official misconduct is unconstitutionally vague, as well as assigning as error certain rulings by the trial court. The Court of Appeals affirmed the conviction without opinion, and we allowed review limited to the validity of the statute. We find the statute constitutional and affirm the Court of Appeals.

ORS 162.415(1) provides:

“A public servant commits the crime of…