STATE v. MESHER


231 Or. 436 (1962)

373 P.2d 410

STATE OF OREGON v. MESHER ET AL

Supreme Court of Oregon.

Affirmed July 18, 1962.


Attorney(s) appearing for the Case

Oscar D. Howlett, Deputy District Attorney, Portland, argued the cause for appellant. With him on the brief was Charles E. Raymond, District Attorney for Multnomah County.

Clifford N. Carlsen, Jr., Portland, argued the cause for respondents. With him on the brief were King, Miller, Anderson, Nash & Yerke and Keith F. Sparks, Portland.

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


AFFIRMED.

O'CONNELL, J.

The defendants were indicted under ORS 167.151 for exhibiting a motion picture entitled "The Lovers." The state appeals from an order sustaining defendants' demurrer to the indictment. The demurrer was sustained on the ground that ORS 167.151 does not make unlawful the exhibition of motion pictures.

The relevant part of ORS 167.151 provides as follows:

"(1) No person shall knowingly disseminate obscene matter. A person...

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