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28 Or. App. 725

State v. Boyd

Court of Appeals of Oregon

Decided February 28, 1977

Court of Appeals of Oregon · decided 1977-02-28

Cited by 2 later decisions — most recently October 1981

2 state decisions

Applies OR 164 § 164.135

Good law ✅— No negative treatment on recordhow we know

Decided 1977-02-28

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PER CURIAM.

¶1ORS 164.135(l)(c) reads:

"(1) A person commits the crime of unauthorized use of a vehicle when:
"(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.”

¶2The trial court held the statute unconstitutionally vague. We find to the contrary. State v. Samter, 4 Or App 349, 479 P2d 237 (1971).

¶3Reversed and remanded.

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