State v. Grauf

Court of Appeals of Oregon

State v. Grauf

520 P.2d 457, 16 Or. App. 624, 1974 Ore. App. LEXIS 1244

CourtCourt of Appeals of Oregon

DecidedMarch 11, 1974

DocketNo. 36960

StatusPublished

This text of 520 P.2d 457 (State v. Grauf) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Grauf, 520 P.2d 457, 16 Or. App. 624, 1974 Ore. App. LEXIS 1244 (Or. Ct. App. 1974).

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PER CURIAM.

This is a companion case with State v. Grauf, 11 Or App 114, 501 P2d 345, Sup Ct review [625]*625denied (1972). June Grauf, the .manager of a drive-in theater,-was charged with and convicted for dissemination of obscene matter in violation of. former ORS 167.151. The facts are the same as those resulting in the conviction of Leroy Grauf in the -former case; that is, this defendant was charged with, the same showing of the movie “Southern Comforts.”

In this appeal the same claims of error are made that were made in the former. In this appeal defendant asserts that a new line of cases from the United States Supreme Court exemplified by Miller v. California, 413 US 15, 93 S Ct 2607, 37 L Ed 2d 419 (1973), dictates a different conclusion than that of the former Grauf case. Our perusal of the cited new authorities leads us to conclude that our holding in the former case is still applicable.

Affirmed.

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PER CURIAM.

This is a companion case with State v. Grauf, 11 Or App 114, 501 P2d 345, Sup Ct review [625]*625denied (1972). June Grauf, the .manager of a drive-in theater,-was charged with and convicted for dissemination of obscene matter in violation of. former ORS 167.151. The facts are the same as those resulting in the conviction of Leroy Grauf in the -former case; that is, this defendant was charged with, the same showing of the movie “Southern Comforts.”

In this appeal the same claims of error are made that were made in the former. In this appeal defendant asserts that a new line of cases from the United States Supreme Court exemplified by Miller v. California, 413 US 15, 93 S Ct 2607, 37 L Ed 2d 419 (1973), dictates a different conclusion than that of the former Grauf case. Our perusal of the cited new authorities leads us to conclude that our holding in the former case is still applicable.

Affirmed.

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520 P.2d 457, 16 Or. App. 624, 1974 Ore. App. LEXIS 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grauf-orctapp-1974.

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