State v. Yancey

Defendant was charged with the crime of possession of gambling records in the second degree. Defendant filed a demurrer to the complaint asserting that the statute proscribing the activity is unconstitutionally vague and therefore violates due process. The district court sustained the demurrer and entered an order finding the statute unconstitutional.

ORS 167.132 provides:

"(1) A person commits the crime of possession of gambling records in the second degree if, with knowledge of the contents thereof, he possess any writing, paper, instrument or article:

"(a) Of a kind commonly used in the…