Opinion
No. C-71-12-4048 Cr.
Argued August 21, 1972.
Reversed October 12, 1972
Appeal from Circuit Court, Multnomah County, PAT DOOLEY, Judge.
Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and LANGTRY and THORNTON, Judges.
REVERSED. Delgado v. United States, 327 F.2d 641 (9th Cir 1964); State v. Weller, 263 Or. 132, 501 P.2d 794 (1972).