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STATE v. CANTWELL

Nos. B64-751, B64-713; A28712.

676 P.2d 353 (1984)

66 Or.App. 848

STATE of Oregon, Appellant, v. James Dean CANTWELL, Respondent. STATE of Oregon, Appellant, v. Steven Mark RICHERT, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1984.

Reconsideration Denied March 9, 1984.

Attorney(s) appearing for the Case

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

Thomas L. Fagan, Staff Atty., Eugene, argued the cause for respondents. With him on the brief was Robert J. Larson, Director, Public Defender Services of Lane County, Inc., Eugene.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

The court sustained defendants' demurrers to complaints charging them with disorderly conduct, ORS 166.025(1)(a), on the ground that under Article 1, section 8, of the Oregon Constitution the underlying statute is unconstitutionally vague and overbroad in its entirety. The state appeals. We reverse and remand.

At the time ORS 166.025 (since amended by Or. Laws 1983, ch. 546, § 5), provided...

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