STATE v. JOE, 254 Or. 234 (1969)

458 P.2d 926

STATE OF OREGON, Respondent, v. VERA HUTCHINSON JOE, Appellant.

Oregon Supreme Court.Argued April 7, 1969
Reversed with instructions September 24, 1969

Appeal from Circuit Court, Klamath County.

L. ORTH SISEMORE, Judge.

Glenn D. Ramirez, Klamath Falls, argued the cause for appellant. On the briefs were Ramirez Hoots, Klamath Falls.

James A. Sanderson, Deputy District Attorney, Klamath Falls, argued the cause for respondent. With him on the brief were Sam A. McKeen, District Attorney, and Robert Thomas, Special Deputy District Attorney, Klamath Falls.

Before PERRY, Chief Justice, and McALLISTER, O’CONNELL, DENECKE, and LANGTRY,[*] Justices.

[*] Langtry, J., did not participate in this decision.

REVERSED WITH INSTRUCTIONS.

Page 235

PER CURIAM.

The defendant was indicted for contributing to the delinquency of a minor. The indictment charged that the defendant performed acts “which manifestly tended to cause said child to become a delinquent child.” This is based upon the portion of the contributing statute (ORS 167.210) which we held to be invalid in State v. Hodges, 254 Or. 21, 457 P.2d 491
(1969).

Reversed with directions to discharge the defendant.

Page 236

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