State v. Sterling

Full title: STATE OF OREGON, Respondent, v. DAVID J. STERLING, Appellant

Court: Oregon Court of Appeals

Date published: Nov 26, 1973

516 P.2d 86 (Or. Ct. App. 1973)

516 P.2d 86

Opinion

No. 14-823

Argued November 19, 1973

Reversed and remanded November 26, 1973

Appeal from Circuit Court, Washington County.

HOLLIE PIHL, Judge.

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and LANGTRY and FORT, Judges.

PER CURIAM.

REVERSED AND REMANDED. See, State v. Wardius, 6 Or. App. 391, 487 P.2d 1380, Sup Ct review denied (1971), reversed and remanded 412 U.S. 470, 93 S Ct 2208, 37 L Ed 2d 82 (1973), decided by the United States Supreme Court after the trial of this case.