State v. Ray

*597JONES, J.

Defendant was charged by complaint with the crime of harassment under ORS 166.065(1)(e). He filed a written demurrer to the complaint on the grounds that the statute was unconstitutionally vague and overbroad on its face. The district judge overruled the demurrer and defendant was convicted in a stipulated facts trial to the court. The Court of Appeals reversed the district court, citing State v. Henry, 78 Or App 392, 717 P2d 189 (1986), which invalidated a prohibition against alleged “obscene” publications on vagueness grounds.

We agree with the Court of Appeals that this telephone…