State v. Kay

Full title: STATE OF OREGON, Respondent, v. JAMES R. KAY, Appellant

Court: Oregon Court of Appeals

Date published: Dec 27, 1971

490 P.2d 1262 (Or. Ct. App. 1971)

490 P.2d 1262

489 P.2d 1152

Opinion

Argued October 28, ____.

Affirmed November 5, ____. Petition for rehearing denied December 27, 1971 And former opinion withdrawn, reversed and remanded

Appeal from Circuit Court, Multnomah County, ALFRED T. SULMONETTI, Judge.

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the brief was Jack R. Hannam, Portland.

Joseph F. Ceniceros, 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 FOLEY and THORNTON, Judges.

Appeal from Circuit Court, Multnomah County, ALFRED T. SULMONETTI, Judge.

On appellant's petition for rehearing filed November 22, 1971. Former opinion filed November 5, 1971, 7 Or. App. 462, 489 P.2d 1152.

Jack R. Hannam, Portland, for the petition.

Lee Johnson, Attorney General, and Joseph F. Ceniceros, Assistant Attorney General, Salem, for respondent.

Before SCHWAB, Chief Judge, and FOLEY and THORNTON, Judges.

PER CURIAM.

AFFIRMED. State v. Martinka, 2 Or. App. 499, 468 P.2d 903 (1970); State v. Roisland, 1 Or. App. 68, 459 P.2d 555 (1969).

PER CURIAM.

PETITION FOR REHEARING DENIED. FORMER OPINION WITHDRAWN. REVERSED AND REMANDED. State v. Michael Webb Smith, 260 Or. 349, 490 P.2d 1262 (1971).

PER CURIAM.