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CITY OF PORTLAND v. JAMES

444 P.2d 554 (1968)

CITY OF PORTLAND, Respondent, v. Thomas JAMES, Appellant.

Supreme Court of Oregon. In Banc.

Decided August 23, 1968.

Attorney(s) appearing for the Case

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

Richard A. Braman, Deputy City Attorney, Portland, argued the cause for respondent. With him on the brief were Alexander Brown, City Atty., and Walter Yeager, Deputy City Atty., Portland.

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

O'CONNELL, Justice.

Defendant was charged with the violation of Section 16-617 of the Police Code of the City of Portland, which reads as follows:

"Between the hours of 1 and 5 o'clock A.M. it shall be unlawful for any person to roam or be upon any street, alley or public place, without having and disclosing a lawful purpose."

Defendant demurred to the complaint contending that the ordinance violated the...

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