State v. Paige

*521ROBERTS, J.

This is an appeal by the state from an order sustaining defendant’s demurrer to a charge of coercion. Our decision is controlled by the decision in State v. Robertson, 54 Or App 630, 635 P2d 1057 (1981), the defendant in this case having been indicted along with the defendant in Robertson for the crimes of first degree sodomy and coercion arising from the same single incident.

The opinion in Robertson made clear that the basis of its holding that the coercion statute, ORS 163.275, is constitutional was its finding that it is not a statute regulating speech. It is this position with…