CITY OF PORTLAND v. CHICHARRO

No. DA 191180-8004; CA 18497.

632 P.2d 489 (1981)

53 Or.App. 483

CITY OF PORTLAND, Respondent, v. Alfonso Carlos CHICHARRO, Appellant.

Court of Appeals of Oregon.

Decided August 10, 1981.

Reconsideration Denied October 2, 1981.


Attorney(s) appearing for the Case

Richard L. Lonergan, Portland, argued the cause for appellant. With him on the brief were Howard R. Lonergan and Clint A. Lonergan, Portland.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARDEN, Judge.

Defendant appeals his conviction for disobeying a police officer at an assembly, arguing that the ordinance under which he was charged, Section 14.24.100 of the Code of the City of Portland, is unconstitutional because of vagueness, overbreadth and failure to prescribe a culpable mental state, and because it makes the exercise of the constitutionally guaranteed right to assemble a crime based on the act of another.

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