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STATE v. McCARTHY

468 P.2d 652 (1970)

STATE of Oregon, Respondent, v. Albert Lyle McCarthy, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 23, 1970.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

PER CURIAM.

Defendant was convicted of the crime of contributing to the delinquency of a minor under the third category (the "manifestly tends" portion) of ORS 167.210, and he appeals. ORS 167.210 reads, in part, as follows:

"When a child is a delinquent child as defined by any statute of this state, [1] any person responsible for, or by any act encouraging, causing or contributing to the delinquency of such child, [2] or any person who by threats, command...

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