State v. McKay

515 P.2d 183 (1973)

STATE of Oregon, Appellant,

v.

Kenneth Eldon McKay, Respondent.

Court of Appeals of Oregon.

Argued and Submitted October 8, 1973.

Decided October 29, 1973.

Rehearing Denied December 6, 1973.

Review Denied January 22, 1974.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

N.G. Bhavnani, Portland, argued the cause for respondent. On the brief was Robert L. McKee, Portland.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

FOLEY, Judge.

Defendant was convicted in district court…