State v. Caproni

529 P.2d 974 (1974)

STATE of Oregon, Appellant,

v.

Gerald Aldo CAPRONI, Respondent.

Court of Appeals of Oregon.

Argued and Submitted November 18, 1974.

Decided December 16, 1974.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

FOLEY, Judge.

The state appeals under ORS 138.060(3) from a…