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STATE v. COOPER

85-6580-C; CA A36627.

715 P.2d 504 (1986)

78 Or.App. 237

STATE of Oregon, Appellant, v. Sheree Kay COOPER, Respondent.

Court of Appeals of Oregon.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Rebecca G. Orf, Ashland, argued the cause for respondent. With her on brief was Cottle & Howser, P.C., Ashland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was charged by a complaint in District Court with the misdemeanor of promoting gambling in the second degree. ORS 167.122. The trial court sustained her demurrer to the complaint, and the state appeals. It did so on the grounds that the complaint (1) fails to state sufficient facts to constitute an offense and (2) is not definite and certain. ORS 135.630(4) and (6).1 We agree and affirm.

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