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STATE v. PYRITZ

B70-470; CA A44954.

752 P.2d 1310 (1988)

90 Or.App. 601

STATE of Oregon, Appellant, v. Carl Nels PYRITZ, Respondent.

Court of Appeals of Oregon.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Robert Homan, Eugene, argued the cause for respondent. On the brief was Richard Smurthwaite, Public Defender Services of Lane County, Inc., Eugene.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

GRABER, Judge.

Defendant was accused of violating ORS 167.222, which prohibits "frequenting a place where controlled substances are used." The complaint charged that defendant "did unlawfully and knowingly frequent and remain at [a specified] place where the defendant knowingly permitted persons to use, keep and sell illegal controlled substances * * *." Defendant demurred on the basis that ORS 167.222(1) is unconstitutionally vague and overbroad on its face, under...

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