State v. Winegar

The question here presented is whether the provision of the statute is valid under which defendant was convicted. Its constitutionality is challenged by defendant. Defendant also contends that, assuming it to be constitutional, it cannot be lawfully applied to defendant.

The provisions of the statute to which reference is thus made comprise the penultimate subdivision of chapter 58, Oregon Laws, Second Special Session, 1933.

Said chapter 58 is an amendment of section 40-515, Oregon Code 1930, as amended by section 12, chapter 286, Oregon Laws 1933. It prescribes the respective amounts to be…