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CITY OF PORTLAND v. WHITE

495 P.2d 778 (1972)

CITY OF PORTLAND, Appellant, v. Erskine E. WHITE, Respondent.

Court of Appeals of Oregon, Department 1.

Decided April 7, 1972.

Rehearing Denied May 2, 1972.

Review Denied June 20, 1972.

Attorney(s) appearing for the Case

Richard A. Braman, Senior Deputy City Attorney, and Marian C. Rushing, City Atty., Portland, filed the briefs for appellant.

Don H. Marmaduke, Portland, filed the brief for respondent.

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

SCHWAB, Chief Judge.

Defendant was accused of violating § 14.92.045 of the Code of the City of Portland, which provides:

"No person shall loiter or prowl in a place, at a time, or in a manner not usual for law abiding persons under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight...

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