Opinion
Argued and Submitted May 22, 1981.
Resubmitted In Banc Sept. 2, 1981.
Charles Lee, Deputy Dist. Atty., Roseburg, argued the cause and filed the brief for appellant.
James H. Spence, Roseburg, argued the cause for respondent. On the brief was Jack L. Banta, Roseburg. Affirmed by equally divided court. ORS 2.570(6).