State v. Nussbaum

This case presents the question whether an indictment for the crime of rioting, in violation of ORS 166.040(1), is insufficient on' demurrer if it fails to allege the names of three co-rioters or that the names of the other co-rioters are unknown to the grand jury. ①

Eight of the defendants were charged with participating in a riot at the Reserve Officers Training Corps building on the University of Oregon campus in Eugene, in the course of which that building was set on fire and burned. The remaining five defendants were charged with participating in another riot in Lane County.

Both the State…