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CHILDERS v. CITY OF TULSA

No. M-82-87.

658 P.2d 497 (1983)

Johnny Lee CHILDERS, Appellant, v. The CITY OF TULSA, Appellee.

Court of Criminal Appeals of Oklahoma.

February 7, 1983.

Attorney(s) appearing for the Case

Frank A. Zeigler, Municipal Public Defender, Tulsa, for appellant.

Neal E. McNeill, City Atty., City of Tulsa, Malcolm D. Smith, Jr., Asst. City Atty., Tulsa, for appellee.

OPINION

CORNISH, Judge:

The appellant, Johnny Lee Childers, was convicted under a Tulsa ordinance which makes it an offense for any person to remain at "any park, mall, civic center or other public property" "and refuse to leave said property forthwith after demand by a peace officer." Tulsa, Okla.Rev. Ordinances, Tit. 27, § 511B(3). We agree with the appellant that this ordinance is unconstitutionally vague and overbroad.

The doctrine of vagueness...

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