State v. Whitted
This text of 457 P.2d 495 (State v. Whitted) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The defendant appeals a conviction under ORS 167.210. He asked an eleven-year-old girl to engage in sexual relations with him. She refused, and the police were notified. A jury found him guilty of an act “which manifestly tended to cause” the child to become a delinquent child.
For the reasons set forth in State v. Hodges, decided this day, 254 Or 21, 457 P2d 491, the portion of the statute under which the defendant was indicted is unconstitutional and the conviction cannot stand. The cause is remanded to the trial court with directions to discharge the defendant in this proceeding and for [32]*32reference to the grand jury in the event that the prosecution deems it proper to proceed under another statute.
Reversed and remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
457 P.2d 495, 254 Or. 31, 1969 Ore. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-whitted-or-1969.