Court of Appeals of Oregon, 1977

State v. Boyd

State v. Boyd
Court of Appeals of Oregon · Decided February 28, 1977 · Richardson, Schwab, Tanzer
28 Or. App. 725; 560 P.2d 689; 1977 Ore. App. LEXIS 2709

State v. Boyd

Opinion of the Court

PER CURIAM.

ORS 164.135(l)(c) reads:

"(1) A person commits the crime of unauthorized use of a vehicle when:
"(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.”

The trial court held the statute unconstitutionally vague. We find to the contrary. State v. Samter, 4 Or App 349, 479 P2d 237 (1971).

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.