State v. Henry

*394YOUNG, J.

Defendant appeals his conviction for dissemination of obscene material.1 ORS 167.087(1). He was indicted, inter alia, for dissemination of magazines entitled “Bronco Buster” and “3-Way Cum.” He demurred to the indictment on the ground that the facts stated do not constitute an offense, because ORS 167.087 is unconstitutional. He stipulated that he had sold the magazines in question. The sole issue for the jury was whether the magazines were obscene within the definition of ORS 167.087(2). He was found guilty only in connection with the magazine “3-Way Cum.” On appeal he argues that…