Opinion
82-11720; CA A27654
Submitted on record and briefs July 15, 1983
Reversed and remanded August 3, 1983
Appeal from District Court, Clackamas County.
Raymond Bagley, Judge.
William J. Hedges, Oregon City, filed the brief for appellant.
Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Deputy Solicitor General, and Robert E. Barton, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM.
Reversed and remanded for a new trial.
The state concedes that the trial court erred in giving the jury instruction assigned as error.
Reversed and remanded for a new trial.