STATE v. JACKSON


224 Or. 337 (1960)

356 P.2d 495

STATE OF OREGON v. JACKSON

Supreme Court of Oregon.

Reversed October 19, 1960.


Attorney(s) appearing for the Case

Robert J. McCrea, Deputy District Attorney for Lane County, Eugene, argued the cause for appellant. With him on the brief was William F. Frye, District Attorney for Lane County, Eugene.

Stanley Fleishman, Los Angeles, California, and Bruce R. Avrit, Eugene, argued the cause for respondent. On the brief were Ramstead and Avrit, Eugene, and Brock, Fleishman & Rykoff, Los Angeles, California.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and MILLARD, Justices.


REVERSED.

ROSSMAN, J.

This appeal tests the constitutionality of the Oregon obscenity statute, ORS 167.150. On March 31, 1958, the grand jury for Lane County returned an indictment charging the defendant with a violation of the act, reciting that he did "wilfully and unlawfully sell, distribute and possess with intent to sell and distribute" a book entitled "The Strange Three." The indictment describes the book as follows:

"* * * said book as an entirety...

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