STATE v. McNAMARA


547 P.2d 598 (1976)

STATE of Oregon, Petitioner, v. Daniel J. McNAMARA, Respondent.

Supreme Court of the State of Oregon, In Banc.

Decided March 25, 1976.


Attorney(s) appearing for the Case

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Howard R. Lonergan, Portland, argued the cause and filed briefs for respondent.


O'CONNELL, Chief Justice.

This is a petition by the state requesting us to review a decision of the Court of Appeals, reversing a judgment of conviction for the crime of selling four allegedly obscene magazines, and remanding the case for a new trial. State v. McNamara, Or. App. 75 Or.Adv.Sh. 4086, 543 P.2d 14 (1975).

The indictment under which defendant was convicted read...

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