State v. Cox

“Additionally, ‘as a matter of law, the identity of persons connected with a criminal offense need not be stated in an indictment unless such identity is an essential element of the crime charged.’ ” State v. Kelly, 263 Or App 361, 366 (2014) (quoting State v. Shadley/Spencer/Rowe, 16 Or App 113, 121 (1973).

The defendant appealed his conviction for unlawful use of a weapon, which involved throwing a hatchet at a bicyclist. He argued that the trial court erred in rejecting his demurrer, claiming that the indictment was deficient because it did not identify the victim by name.  “Additionally, ‘as a matter of law, the identity of persons connected with a criminal offense need not be stated in an indictment unless such identity is an essential element of the crime charged.’ ” State v. Kelly, 263 Or App 361, 366 (2014) (quoting State v. Shadley/Spencer/Rowe, 16 Or App 113, 121 (1973). Whether the identity of a person involved in the crime is a crucial element depends on the specific crime. Under ORS 166.220(1)(a), the prosecution must prove that the defendant used a weapon "against another," but the statute does not require identifying the victim as part of the crime. Therefore, the Court found that the indictment was not deficient for failing to name the victim. The Court upheld the trial court's decision to deny the defendant's demurrer. Affirmed.