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STATE v. FRINK

No. B 61-049; CA A22050.

653 P.2d 553 (1982)

60 Or.App. 209

STATE of Oregon, Appellant, v. Howard Wayne FRINK, Respondent.

Court of Appeals of Oregon.

Decided November 10, 1982.

Attorney(s) appearing for the Case

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

Mary Ann Bearden, Eugene, argued the cause for respondent. With her on the brief was Bearden & Weinstein, Eugene.

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

BUTTLER, Presiding Judge.

Defendant was charged with furnishing a photograph of a portion of the human body depicting nudity to three minors, contrary to ORS 167.065(1)(a), infra, which prohibits "furnishing obscene materials to minors." The trial court sustained defendant's demurrer on the ground that the statute is so overbroad1 that it violates the First Amendment to the United States...

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