STATE OF OREGON, Respondent, v. ROBERT MORGAN REITER, Petitioner.

CA 12377, SC 26803Oregon Supreme Court.
1980.

On Review from Court of Appeals.[*]

[*] Appeal from Circuit Court, Lane County (No. 78-2354). George J. Woodrich, Judge. 41 Or. App. 389, 598 P.2d 699 (1979).

Robert J. McCrea, Eugene, argued the cause for petitioner. With him on the briefs were Paul R. Frisch, and Morrow, McCrea Divita, P.C., Eugene.

Page 162-a

Frederick A. Hugi, Assistant District Attorney, Lane County, argued the cause for respondent. With him on the briefs was J. Pat Horton, District Attorney Lane County.

Before Denecke, Chief Justice, and Tongue, Howell, Lent, Linde and Peterson, Justices.

HOWELL, J.

Reversed.

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