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31 Or. App. 743

State v. East

Court of Appeals of Oregon

Decided November 15, 1977

Court of Appeals of Oregon · decided 1977-11-15

Applies OR 167 § 167.007

Decided 1977-11-15

PER CURIAM.

¶1The state appeals from an order dismissing a complaint for "failure to state facts,” by which the district court apparently meant failure to allege sufficient facts to state a crime.

¶2In addition to other requisite allegations, the complaint alleged that the defendants did "offer and agree to engage in sexual conduct in return for a fee.”

¶3ORS 167.007(l)(a) provides that a person commits the crime of prostitution if he "offers or agrees to engage in sexual conduct … in return for a fee.”

¶4 It is elementary that an instrument which charges a crime in the statutory language is generally sufficient to charge a crime. State v. Jim/White, 13 Or App 201, 508 P2d 462rev den (1973); State v. Miller, 11 Or App 398, 501 P2d 1309rev den (1972).

¶5Reversed and remanded.

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