State v. Stuart

442 P.2d 231 (1968)

The STATE of Oregon, Appellant,

v.

Rex Orville Lavern STUART, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted March 7, 1968.

Reargued May 10, 1968.

Decided June 14, 1968.

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for appellant. With him on the brief was George Van Hoomissen, Dist. Atty.

Bruce J. Rothman, Portland, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, JJ.

Argued Before Department 2 and Submitted March 7, 1968.

GOODWIN, Justice.

This is an appeal…