Defendant appeals from a conviction upon trial by jury of contributing to the delinquency of a minor *79 in violation of OES 167.210. Subsequent to Ms conviction, the Supreme Court of Oregon held unconstitutional that portion of OES 167.210 upon which the conviction was based. State v. Hodges, 254 Or 21, 457 P2d 491 (1969). In light of Hodges, the state concedes prejudicial error in tMs case. The cause is remanded to the trial court with directions to discharge the defendant in tMs proceeding and for reference to the grand jury in the event that the prosecution determines it proper to proceed under another statute.

Eeversed and remanded with directions.