CITY OF EUGENE v. MILLER

91-50062, 91-50073; CA A75143 (Control) and CA A75145.

851 P.2d 1142 (1993)

119 Or. App. 293

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

Court of Appeals of Oregon, In Banc.

Resubmitted February 10, 1993.

Decided April 21, 1993.

Reconsideration Denied July 21, 1993.

Review Allowed August 24, 1993.


Attorney(s) appearing for the Case

Rebecca R. Davis, Eugene, argued the cause and filed the briefs for appellant.

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


Resubmitted in banc February 10, 1993.

RICHARDSON, Chief Judge.

In these consolidated appeals, defendant seeks reversal of his« convictions, pursuant to ORS 221.350, for violating section 4.860(d) of the Eugene Code by selling "joke books" on a city sidewalk. That code provision makes it an offense to

"[s]et up or operate a vehicle, stand or place for the display or sale of merchandise, or sell, vend, or display for sale an article in the...

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