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CHILDS v. STATE OF OREGON

No. 24770.

431 F.2d 272 (1970)

Harold G. CHILDS, Appellee, v. STATE OF OREGON and James C. Holzman, Director of Department of Public Safety of Multnomah County, Albert B. Green, Director, Department of Judicial Administration of Multnomah County, and George Van Hoomissen, District Attorney of Multnomah County, Oregon, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 1, 1970.

Attorney(s) appearing for the Case

Al J. Laue (argued), Asst. Atty. Gen., Jacob B. Tanzer, Sol. Gen., Lee Johnson, Atty. Gen., Dept. of Justice, Salem, Or., George Van Hoomissen, Dist. Atty., Billy L. Williamson, Deputy Dist. Atty., Portland, Or., for appellant.

Paul R. Meyer (argued), of Kobin & Meyer, Portland, Or., for appellee.

Before DUNIWAY, WRIGHT and TRASK, Circuit Judges.

TRASK, Circuit Judge:

The State of Oregon brings this appeal from a judgment of the district court granting a writ of habeas corpus to Harold G. Childs. The court's opinion is reported at 300 F.Supp. 649 (D.Ore. 1969).

Childs, operator of a cigar store in Portland, Oregon, was convicted at jury trial in the Circuit Court of Multnomah County, Oregon, of disseminating obscene matter in violation of O.R.S. § 167.151...

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