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WINEBRENNER v. MYERS

487 P.2d 890 (1971)

Robert M. WINEBRENNER, Petitioner, v. Clay MYERS, Secretary of State, and Lee Johnson, Attorney General, Defendants.

Supreme Court of Oregon.

Decided August 12, 1971.

Attorney(s) appearing for the Case

Richard A. Seideman, Salem, argued the cause for petitioner. With him on the brief were Crawford, Garrett, Webb & Seideman, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for defendants.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

PER CURIAM.

Petitioner seeks review of a ballot title prepared by the Attorney General for a referendum measure filed with the Secretary of State. The petitioner seeks to refer to the people portions of the new Criminal Code (Senate Bill 40) relating to obscenity. The ballot title prepared by the Attorney General is as follows:

"This measure is part of the new criminal code enacted by 1971 Legislature. Makes it crime...

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