Opinion
C2860A; CA A48278 (Control), C2860A, B; CA A48333 (Cases Consolidated)
Argued and submitted November 30, 1988
Reversed and remanded for a new trial March 22, 1989 reconsideration denied May 12, petition for review allowed June 27, 1989 ( 308 Or. 158) See later issue Oregon Reports
Appeal from the Circuit Court, Baker County, William L. Jackson, Judge.
Dave E. Groom, Salem, argued the cause for appellants. On the brief were Gary D. Babcock, Public Defender, and Lawrence J. Hall, Deputy Public Defender, Salem.
Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded for new trial. State v. Ainsworth, 95 Or. App. 240, 770 P.2d 58 (1989).
Rossman, J., dissenting.
For the reasons I expressed in my dissent in State v. Ainsworth, 95 Or. App. 240, 247, 770 P.2d 58 (1989), I dissent.