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STATE v. HAYES

520 P.2d 465 (1974)

STATE of Oregon, Appellant, v. Ervin E. HAYES, Respondent.

Court of Appeals of Oregon.

Decided April 1, 1974.

Attorney(s) appearing for the Case

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

Harrison M. Weatherford and Richard B. Hagedorn, Albany, argued the cause for respondent. With them on the brief were Weatherford, Thompson, Horton & Jordan, P.C., Albany.

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

FORT, Judge.

Defendant was charged in the district court with violation of ORS 478.960.1 He demurred on the ground that the statute was void for vagueness and denied him the equal protection of the laws in violation of the Fourteenth Amendment. The district court sustained the demurrer. The state appealed to the circuit court where the ruling of the district court was affirmed. The state again appeals.

The position of the state...

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