State v. Tucker

(Pro Tempore).

The state has appealed under ORS 138.060 from an order sustaining Melvin Ernest Tucker’s demurrer to an indictment charging him with failure to provide support for minor children under ORS 167.605. The indictment alleged three counts, each for failure to support one of Tucker’s three children. ORS 167.605 reads as follows:

“Any person who * * * deserts or abandons his wife, or who deserts or abandons any of his or her minor children * s * under the age of 18 years * * * or who * * * fails or neglects to support his wife, or any such minor children, shall be punished upon…