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STATE v. CHILDS

447 P.2d 304 (1968)

STATE of Oregon, Respondent, v. Harold G. CHILDS, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 20, 1968.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellant. With him on the brief were Kobin & Meyer, Portland.

Jacob B. Tanzer, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Barnes H. Ellis, Howard M. Feuerstein and John C. Wright, Jr., Portland, filed a brief for the American Civil Liberties Union of Oregon as amicus curiae.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

HOLMAN, Justice.

Defendant, the operator of a retail tobacco and magazine business, was convicted of selling obscene written material in violation of ORS 167.151.1 The subject of the sale was a paper-bound book entitled "Lesbian Roommate." This is an appeal from that conviction.

One of defendant's principal contentions is that the material is not obscene as a matter of law and, therefore...

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