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STATE v. STONEMAN

90-12-5153-C; CA A70085.

888 P.2d 39 (1994)

132 Or.App. 137

STATE of Oregon, Appellant, v. Michael R. STONEMAN, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted August 8, 1994.

Decided December 28, 1994.

Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Janet Lee Hoffman, Portland, argued the cause for respondent. With her on the brief were Margaret Raymond and Hoffman & Matasar.

Resubmitted In Banc August 8, 1994.

RICHARDSON, Chief Judge.

Defendant was charged with paying to obtain a videotape and magazine that depicted sexually explicit conduct by a child under 18 years of age. ORS 163.680.1 The trial court held that ORS 163.680 violated Article I, section 8, of the Oregon Constitution and sustained defendant's demurrer to the indictment on the basis of State v. Henry, 302 Or. 510...

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