Opinion
No. C 73-04-1086 Cr
Argued October 30, 1973
Affirmed November 5, 1973
Appeal from Circuit Court, Multnomah County.
JAMES R. ELLIS, Judge.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Deane S. Bennett, Beaverton, argued the cause for respondent. With him on the brief was Walter L. Martin, Portland.
Before SCHWAB, Chief Judge, and LANGTRY and TANZER, Judges.
AFFIRMED.
Affirmed on procedural grounds. But as to the merits see State v. McKay, 15 Or. App. 180, 515 P.2d 183 (1973), Sup Ct review denied (1974).