State v. Dunning

Full title: STATE OF OREGON, Respondent, v. J. D. DUNNING, Appellant

Court: Oregon Court of Appeals

Date published: Nov 21, 1969

461 P.2d 833 (Or. Ct. App. 1969)

461 P.2d 833

Opinion

Submitted on record November 5, 1969

Remanded with directions November 21, 1969

IN BANC

Appeal from Circuit Court, Douglas County.

DON H. SANDERS, Judge.

Donald F. Bach, Eugene, filed the brief for appellant. With him on the brief were Porter Bach, Eugene.

No appearance for respondent.

REVERSED AND REMANDED WITH DIRECTIONS.

PER CURIAM.

The defendant was convicted on December 27, 1968, of violating ORS 167.210 (contributing to the delinquency of a minor) and filed a timely appeal on the ground, inter alia, that the statute is unconstitutionally vague. On July 24, 1969, the Oregon Supreme Court so held. State v. Hodges, 254 Or. 21, 457 P.2d 491.

This 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 deems it proper to proceed under another statute.

Reversed and remanded with directions.