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COON v. CUPP

467 P.2d 140 (1970)

Bruce Daniel COON, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant. James Carter Cousins, James Arnold Yates, Respondents, v. Amos E. Reed, Superintendent, Oregon Correctional Institution, Appellant.

Court of Appeals of Oregon, In Banc.

Decided March 26, 1970.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for appellants. With him on the briefs was Lee Johnson, Atty. Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for respondents.

SCHWAB, Chief Judge.

Petitioners were convicted of the crime of contributing to the delinquency of a minor. ORS 167.210. Their rights of appeal were exhausted prior to the date of State v. Hodges, 88 Or.Adv.Sh. 721, 457 P.2d 491 (1969), which declared a portion of ORS 167.210 unconstitutionally vague. ORS 167.210 reads:

"When a child is a delinquent child as defined by any statute of this state, [1] any person responsible...

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