State v. Gates

Defendant was indicted for criminal nonsupport (ORS 163.555(1)), 1 a Class C felony. The trial court sustained a demurrer, and the state appeals. The indictment is set out in the margin for the purpose of discussion, not as a model. 2

The demurrer challenged the indictment on several grounds. The trial court judge sustained it on the primary ground that "seven years [is] simply * * * too long to wait before pm-suing this felony action.” He also said that paternity cannot be determined "in a criminal setting.” Further, he found that charging the defendant with criminal nonsupport seven years…