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CITY OF PORTLAND v. WHITE

DA 216212-8107; CA A22881.

655 P.2d 629 (1982)

61 Or.App. 120

CITY OF PORTLAND, Respondent, v. Darnell WHITE, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1982.

Attorney(s) appearing for the Case

Charles E. Corrigan, Metropolitan Public Defender, Portland, argued the cause and filed the briefs for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for violation of Section 14.68.105 of the Portland City Code, which provides:

"It is unlawful for any person to promote, engage in or profit from gambling in any form except a social game as defined in ORS 167.117 and Chapter 14.40 of this Code."

He contends that (1) the ordinance is unconstitutionally vague because it does not define "gambling," (2) its subject matter has been preempted by state...

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