Childs v. State of Oregon

431 F.2d 272 Harold G. CHILDS, Appellee, v. STATE OF OREGON and James C. Holzman, Director of Department of Public Safetyof Multnomah County, Albert B. Green, Director, Department of JudicialAdministration of Multnomah County, and George Van Hoomissen, District Attorneyof MultnomahCounty, Oregon, Appellant. No. 24770. United States Court of Appeals, Ninth Circuit. Aug. 4, 1970, Rehearing Denied Sept. 1, 1970. Al J. Laue (argued), Asst. Atty. Gen., Jacob B. Tanzer, Sol. Gen., Lee Johnson, Atty. Gen., Dept. of Justice, Salem, Or., George Van Hoomissen, Dist. Atty., Billy L. Williamson, Deputy Dist. Atty., Portland, Or., for appellant. Paul R. Meyer (argued), of Kobin & Meyer, Portland, Or., for appellee. Before DUNIWAY, WRIGHT and TRASK, Circuit Judges. TRASK, Circuit Judge: 1 The State of Oregon brings this appeal from a judgment of the district court granting a writ of habeas corpus to Harold G. Childs. The court's opinion is reported at 300 F.Supp. 649 (D.Ore. 1969). 2 Childs, operator of a cigar store in Portland, Oregon, was convicted at jury trial in the Circuit Court of Multnomah County, Oregon, of disseminating obscene matter in violation of O.R.S. 167.151 1 following…