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STATE v. HARGON

470 P.2d 383 (1970)

STATE of Oregon, Respondent. v. Alexander HARGON, Appellant.

Court of Appeals of Oregon, Department 1.

Argued and Submitted April 29, 1970.

Attorney(s) appearing for the Case

William G. Whitney, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

FOLEY, Judge.

The defendant was convicted after a jury trial of receiving the earnings of a common prostitute and was sentenced to four years' imprisonment.

Defendant appeals, assigning error in four particulars.

ASSIGNMENT OF ERROR NO. 1

Defendant claims the indictment does not state a crime because the underlying statute, ORS 167.120, is void for vagueness.

The pertinent part of the indictment is as follows:

"* * * [D]efendant...

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