482 P.2d 192

STATE OF OREGON, Appellant, v. BERNARD JOHNSON, Respondent.

Oregon Court of Appeals.Argued March 15, 1971
Reversed and remanded March 15, 1971

Appeal from Circuit Court, Multnomah County.

PHILLIP J. ROTH, Judge.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem.

Ronald E. Hergert, Oregon City, argued the cause for respondent. With him on the brief were Hibbard, Jacobs, Caldwell Canning, Oregon City.

Before SCHWAB, Chief Judge, and FOLEY and THORNTON, Judges.

REVERSED AND REMANDED FROM THE BENCH.

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