State v. Parker

The state appeals from the trial court order sustaining defendant’s demurrer to count III of a three-count indictment. Count I charged defendant with criminal mischief in the first degree. ORS 164.365. Count II charged menacing. ORS 163.190. Count III charged failure to perform the duties of a driver involved in an accident. ORS 483.602. All the charges were alleged to be part of the same act and transaction involving defendant’s use of a motor vehicle to damage another’s vehicle intentionally. The trial court sustained defendant’s demurrer to count III on the ground that it failed to state a…