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STATE v. JOHNSON

519 P.2d 1053 (1974)

STATE of Oregon, Appellant, v. Ralph Douglas JOHNSON, Respondent. State of Oregon, Appellant, v. John Thomas Imel, Respondent.

Court of Appeals of Oregon.

Decided March 11, 1974.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Melvin M. Menegat, Newport, argued the cause for respondent Johnson.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for respondent Imel. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

SCHWAB, Chief Judge.

Defendants Johnson and Imel were arrested together on the grounds of Taft High School in Lincoln City for violation of ORS 166.045(1)(a), which provides:

"A person commits the crime of loitering if he: "(a) Loiters in or near a school building or grounds, not having any reason or relationship involving custody of or responsibility for a student, or, upon inquiry by a peace officer or school official, not having a specific, legitimate...

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