STATE v. BOSWELL

M68796; CA A42612.

745 P.2d 436 (1987)

88 Or.App. 344

STATE of Oregon, Respondent, v. Bruce Eric BOSWELL, Appellant.

Court of Appeals of Oregon.

Decided November 18, 1987.


Attorney(s) appearing for the Case

Henry J. Kaplan, Hillsboro, argued the cause and submitted the brief for appellant.

Jens Schmidt, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

Defendant appeals his conviction for carrying a concealed weapon. ORS 166.240. He contends, inter alia, that the trial court erred in overruling his demurrer to the complaint. We agree with defendant that the complaint fails to allege a crime and, therefore, we reverse.

ORS 166.240(1) provides:

"Except as provided in ORS 166.260, 166.290 and subsection (2) of this section, any person who carries concealed upon the person...

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