State v. Irving

Defendant was indicted① on January 17, 1973, for the crime of fraudulent sale of imitation drugs under ORS 167.232 which provides:

“(1) A person commits the crime of fraudulent sale of imitation drugs if he sells any compound, substance or other matter, not a narcotic or dangerous drug, to a peace officer or his agent by falsely representing it to be a narcotic or dangerous drug.

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The trial court sustained a demurrer to the indictment

“* * * on the grounds * * * that the statute, ORS 167.232, under which defendant was indicted violates the due process and equal protection clauses of…