Opinion
No. 75 1607, CA 5345
Submitted on record and appellant's brief February 24, 1976.
Reversed and remanded with directions to dismiss indictment March 1, 1976.
Appeal from Circuit Court, Lane County, Edward Leavy, Judge.
Gary D. Babcock, Public Defender, and John K. Hoover, Deputy Public Defender, Salem, filed the brief for appellant.
Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem, appeared for respondent.
Before Schwab, Chief Judge, and Langtry and Foley, Judges.
The state confesses error.
Reversed and remanded with directions to dismiss the indictment.