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STREICH v. PAULUS

SC 29848.

669 P.2d 792 (1983)

295 Or. 669

Dedi STREICH, Petitioner, v. Norma PAULUS, Secretary of State of the State of Oregon, Respondent, Stephen Kanter, Intervenor.

Supreme Court of Oregon, In Banc.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Norman J. Smith, Portland, argued the cause and filed the petition for petitioner.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. Michael D. Reynolds, Asst. Atty. Gen., Salem, filed the answering memorandum for respondent. With him on the answering memorandum were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Intervenor Stephen Kanter, Portland, filed an intervenor's memorandum, pro se.

PER CURIAM.

Petitioner and intervenor challenge a ballot title prepared by the Attorney General for an initiative measure which would amend Oregon aggravated murder statutes, requiring a death penalty in some cases.

The ballot title, consisting of the caption, question, and explanation, prepared by the Attorney General reads as follows:

"REQUIRES DEATH PENALTY FOR AGGRAVATED MURDER UNDER SPECIFIED CONDITIONS "QUESTION: Shall the penalty...

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