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STATE v. WOODCOCK

42937; CA A34352.

706 P.2d 1012 (1985)

75 Or.App. 659

STATE of Oregon, Respondent, v. William C. WOODCOCK, Appellant.

Court of Appeals of Oregon.

Decided October 9, 1985.

Reconsideration Denied December 6, 1985.

Attorney(s) appearing for the Case

Robert G. Higgins, McMinnville, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Defendant appeals his conviction for furnishing obscene materials to minors, a Class A misdemeanor. ORS 167.065(2). He argues on appeal that the trial court erred in overruling his demurrer, because ORS 167.065(1)(b) is unconstitutionally overbroad under Article I, section 8, of the Oregon Constitution.1 We agree and reverse.2

Defendant sold lapel buttons containing slogans not fit for...

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