Opinion
No. 29652
Submitted on record and appellant's brief August 18, 1975
Reversed and remanded for new trial August 25, 1975
Appeal from Circuit Court, Benton County.
RICHARD MENGLER, Judge.
Gary D. Babcock, Public Defender, Salem, filed the brief for appellant.
Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Donald L. Paillette, Assistant Attorney General, appeared for respondent.
Before SCHWAB, Chief Judge, and FOLEY and FORT, Judges.
REVERSED AND REMANDED FOR A NEW TRIAL. State v. Smith, 21 Or. App. 270, 534 P.2d 1180, Sup Ct review denied (1975).