Opinion
No. 35786, CA 5136
Argued January 26, 1976.
Reversed and remanded February 9, reconsideration denied March 17, 1976. Petition for review denied April 13, 1976.
Appeal from Circuit Court, Lincoln County, Eugene K. Richardson, Judge.
Rhidian M. M. Morgan, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Paul J. De Muniz, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Before Schwab, Chief Judge, and Foley and Lee, Judges.
PER CURIAM.
Reversed and remanded. State v. Corbett, 15 Or. App. 470, 516 P.2d 487 (1973), Sup Ct review denied (1974); State v. Brown, 1 Or. App. 322, 461 P.2d 836 (1969), Sup Ct review denied (1970).