State v. McNamara

This is a petition by the state requesting us to review a decision of the Court of Appeals, reversing a judgment of conviction for the crime of selling four allegedly obscene magazines, and remanding the case for a new trial. State v. McNamara, 23 Or App 475, 543 P2d 14 (1975).

The indictment under which defendant was convicted read as follows:

"The above named defendant is accused by the Lane County Grand Jury of the crime of

DISSEMINATING OBSCENE MATERIAL

committed as follows:

"The defendant on or about the 17th day of December, 1974, in the county aforesaid, did knowingly and unlawfully with…