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STATE v. CLARK

No. 77-2811-C; CA 11564.

591 P.2d 752 (1979)

39 Or.App. 63

STATE of Oregon, Appellant, v. Deborah Louise CLARK, Respondent.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge.

The district court sustained defendant's demurrer to a criminal complaint1 charging her with disorderly conduct on the ground that the underlying statute was unconstitutionally vague. The state appeals.

The statute at issue, ORS 166.025(1)(h), provides:

"(1) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance...

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