Opinion
Argued May 20, 1971
Reversed and remanded September 21, 1971
Appeal from Circuit Court, Benton County.
RICHARD MENGLER, Judge.
Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief were Mulder, Morrow McCrea, Eugene.
W. Michael Gillette, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and FORT and THORNTON, Judges.
REVERSED AND REMANDED.
This is a companion case to State v. Gassner, 6 Or. App. 452, 488 P.2d 822 (1971). The issue presented is identical.
Reversed and remanded.