State v. McIntire

Defendant was convicted in district court under a complaint alleging that he carried “concealed about his person a * * * revolver.” He appealed to circuit court and there demurred to the complaint, alleging that it did not state a crime. Several memorandums of authority were submitted and the matter was twice argued. The court sustained the demurrer and dismissed the complaint. The state has appealed pursuant to ORS 138.060.

The record does not clearly show what the ground was for the circuit court’s ruling. At the first argument, remarks of the trial judge indicate he was persuaded that ORS…