State v. Strandquist

The state appeals a district court order sustaining defendant’s demurrer to a complaint charging him with resisting arrest. ORS 162.315. 1

Defendant demurred on the grounds that the complaint (1) is not definite and certain and (2) fails to state the acts constituting the offense in such a manner as to enable a person of common understanding to know what is intended. Defendant contends that ORS 162.315(2) defines “resist” in alternative forms, i.e., (1) the threat of physical force, (2) the use of physical force, (3) the threat of violence, (4) the act of violence, or (5) any other means that…