Opinion
Argued July 22, 1971
Reversed and remanded August 26, 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.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, Salem, and Jacob B. Tanzer, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and LANGTRY and FORT, Judges.
REVERSED AND REMANDED.
This is a companion case to State v. Metler, 6 Or. App. 356, 487 P.2d 1377 (1971). The issue presented is identical.
Reversed and remanded.