State v. Elmore

546 P.2d 1117 (1976)

STATE of Oregon, Respondent,

v.

John Oliver ELMORE, Appellant.

Court of Appeals of Oregon.

Argued and Submitted February 17, 1976.

Decided March 8, 1976.

Donald H. Turner, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

On a written…