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STATE v. FETTERLY

456 P.2d 996 (1969)

STATE of Oregon, Respondent, v. Fredrick Elliott FETTERLY, Appellant.

Supreme Court of Oregon, En Banc.

Argued and Submitted May 8, 1969.

Attorney(s) appearing for the Case

George O. Tamblyn, Portland, argued the cause for appellant. With him on the brief was Donald H. Crouch, Milwaukie,

Thomas H. Denney, Deputy Dist. Atty., Oregon City, argued the cause for respondent. With him on the brief was Roger Rook, Dist. Atty., Oregon City.

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

HOLMAN, Justice.

Defendant appealed from a conviction of a violation of ORS 483.443(1), which prohibits the operation of a motorcycle without wearing protective headgear.

Defendant's sole ground of appeal is that such a statute is an improper exercise of the police power of the state in that the restraint of the statute upon his personal liberty bears no relation to a legitimate public purpose and, therefore, contravenes the Ninth, Tenth and § 1 of the...

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