STATE v. FRANZONE


243 Or. 597 (1966)

415 P.2d 16

STATE OF OREGON v. FRANZONE

Supreme Court of Oregon.

Reversed June 3, 1966.


Attorney(s) appearing for the Case

Julian Herndon, Jr., Portland, argued the cause and filed a brief for appellant.

George M. 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 LUSK, Justices.


REVERSED.

LUSK, J.

The defendant was indicted for violation of ORS 161.310, generally known as the nuisance statute.1

Defendant demurred to the indictment on various grounds and the demurrer was overruled. The parties thereafter entered into a so-called stipulation of facts, which, however, consists only of a repetition of the allegations of the indictment. Trial was had on such stipulation before the court without a jury...

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