Opinion
No. DA 136432, CA 8810
Submitted on record and appellant's brief October 28, reversed and remanded November 15, 1977
Appeal from District Court, Multnomah County.
Edwin A. York, Judge.
James A. Redden, Attorney General, W. Michael Gillette, Solicitor General, and Thomas H. Denney, Assistant, Attorney General, Salem, filed the brief for appellant.
No appearance for respondents.
Before Schwab, Chief Judge, and Tanzer and Johnson, Judges.
PER CURIAM.
Reversed and remanded.
The 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.
In 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."
ORS 167.007(1)(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."
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 P.2d 462 rev den (1973); State v. Miller, 11 Or. App. 398, 501 P.2d 1309 rev den (1972).
Reversed and remanded.