State v. Franzone

The defendant was indicted for violation of ORS 161.310, generally known as the nuisance statute. ①

Defendant demurred to the indictment on various grounds and the demurrer was overruled. The parties thereafter entered into a so-called stipulation of facts, which, however, consists only of a repetition of the allegations of the indictment. Trial was had on such stipulation before the court without a jury and the court entered a judgment of conviction from which the defendant appeals.

The indictment alleges:

“FRANK FRANZONE is accused by the Grand Jury of the County of Multnomah and State of…