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STATE v. WARDEN

93-40409; CA A83201.

901 P.2d 900 (1995)

136 Or. App. 268

STATE of Oregon, Appellant, v. Jeramie Michael WARDEN, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Richard L. Fredericks, Eugene, argued the cause for respondent. With him on the brief was Dennett & Fredericks, P.C.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Defendant was cited for casting light from a motor vehicle while armed, in violation of ORS 166.663.1 He demurred to the charge on the grounds that ORS 166.663 was unconstitutionally vague and overbroad. After a hearing, the trial court granted the demurrer based on its conclusion that the statute was overbroad. The state appeals, arguing that the trial court erred in concluding that ORS 166.663 unconstitutionally...

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