State v. Gyenes

I agree with the majority that the trial court erred in allowing defendant’s demurrer. However, we should reverse solely on the ground that the indictment is legally sufficient to charge defendant with the crime of bribe giving. We should not, as the majority does, reach defendant’s constitutional argument, because it is based on facts outside the indictment.

In three counts, the indictment alleges that defendant did ‘ ‘knowingly offer or confer’ ’ monies on three Yamhill County Commissioners “with intent to influence the said public servant’s action, vote, opinion, judgment, decision or *214exerci…