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CITY OF PORTLAND v. WELCH

229 Or. 308 (1961)

364 P.2d 1009

367 P.2d 403

CITY OF PORTLAND v. WELCH

Supreme Court of Oregon.

Reversed September 20, 1961.

Former opinion modified, petition for rehearing denied December 20, 1961.

Attorney(s) appearing for the Case

Bernard Shevach, Portland, argued the cause and filed a brief for appellant.

Richard Braman, Deputy City Attorney, Portland, argued the cause for respondent. With him on the brief were Alexander G. Brown, City Attorney, and Emory J. Crofoot, Deputy City Attorney, Portland.

Paul R. Meyer and Carl R. Neil, Portland, filed a brief for the American Civil Liberties Union of Oregon as amicus curiae.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED.

GOODWIN, J.

The proprietor of a theater appeals from a conviction of violating Art. 30, Police Code of the City of Portland, Oregon. On April 5, 1960, Mrs. Welch exhibited a motion picture without first excising therefrom two scenes ordered removed as a condition to the issuance of a license to exhibit the film.

Mrs. Welch was convicted in the Municipal Court, and in due course appealed de novo...

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