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STATE v. SMITH

571 P.2d 542 (1977)

STATE of Oregon, Respondent, v. Cheryl Lynn SMITH, Appellant.

Court of Appeals of Oregon.

Decided November 21, 1977.

Attorney(s) appearing for the Case

John R. Urquhart, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Karen H. Green, Certified Law Student, Salem.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

SCHWAB, Chief Judge.

Defendant appeals her conviction upon trial to the court for criminal drug promotion in violation of ORS 167.222,1 contending that ORS 167.222 is unconstitutionally vague and overbroad. Given that our first duty is to construe ORS 167.222 in a constitutional manner if possible,2 the constitutional argument also necessarily raises a statutory construction...

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