State v. Luther

663 P.2d 1261 (1983)

63 Or.App. 86

STATE of Oregon, Respondent,

v.

Orville John LUTHER, Appellant.

No. C79-04-31252; CA 17011.

Court of Appeals of Oregon, In Banc.

Argued and Submitted June 17, 1981.

Resubmitted January 10, 1983.

Decided May 11, 1983.

Reconsideration Denied July 7, 1983.

Des Connall, Portland, argued the cause and filed the brief for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Resubmitted In Banc January 10, 1983.

BUTTLER, Judge.

Defendant appeals…