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CITY OF EUGENE v. MILLER

90-50053; CA A70257.

835 P.2d 144 (1992)

114 Or. App. 271

CITY OF EUGENE, Respondent, v. David Henry MILLER, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1992.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

James E. Mountain, Eugene, argued the cause for respondent. With him on the brief were William F. Gary, B. Kevin Burgess and Harrang Long Watkinson Arnold & Laird, P.C., Eugene.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Defendant appeals his conviction, in a trial to the court on stipulated facts, for the unauthorized sale of bumper stickers and joke books on the sidewalks of the City of Eugene. Eugene Code 4.860.1 The accusatory instruments allege, in identical language, that, on two occasions:

"Defendant did sell, vend or display for sale an article in the streets or on the sidewalks or in doorways or stairways of...

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