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STATE v. GUSTIN

244 Or. 531 (1966)

419 P.2d 429

STATE OF OREGON v. OPAL BETTY GUSTIN

Supreme Court of Oregon.

Reversed October 26, 1966.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed a brief for appellant.

George Joseph, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and HAMMOND, Justices.

REVERSED.

PERRY, J.

The defendant was convicted of vagrancy under ORS 166.060 and from the judgment entered appeals.

The matter was tried to the trial court on the following stipulation:

"It is hereby stipulated by the parties to the above-entitled cause, by their respective attorneys, for the purpose of the trial of this action, that on the trial of the cause the following facts are admitted and agreed on by the parties: "I

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