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State v. Chatman

Oregon Court of Appeals
Sep 29, 1969
459 P.2d 442 (Or. Ct. App. 1969)

Opinion

Submitted on record August 20, 1969

Remanded with directions September 29, 1969

Appeal from Circuit Court, Jefferson County.

ROBERT H. FOLEY, Judge.

Gary D. Babcock, Public Defender, Salem, filed the brief for appellant.

No appearance for respondent.

Before SCHWAB, Chief Judge, and LANGTRY, FORT and BRANCHFIELD, Judges.


REVERSED AND REMANDED WITH DIRECTIONS.


Defendant appeals from a conviction upon trial by jury of contributing to the delinquency of a minor in violation of ORS 167.210. Subsequent to his conviction, the Supreme Court of Oregon held unconstitutional that portion of ORS 167.210 upon which the conviction was based. State v. Hodges, 254 Or. 21, 457 P.2d 491 (1969). In light of Hodges, the state concedes prejudicial error in this case. The cause is remanded to the trial court with directions to discharge the defendant in this proceeding and for reference to the grand jury in the event that the prosecution determines it proper to proceed under another statute.

Reversed and remanded with directions.


Summaries of

State v. Chatman

Oregon Court of Appeals
Sep 29, 1969
459 P.2d 442 (Or. Ct. App. 1969)
Case details for

State v. Chatman

Case Details

Full title:STATE OF OREGON, Respondent, v. FRANCIS LEE CHATMAN, Appellant

Court:Oregon Court of Appeals

Date published: Sep 29, 1969

Citations

459 P.2d 442 (Or. Ct. App. 1969)
459 P.2d 442