State v. Thomas

578 P.2d 452 (1978)

34 Or.App. 187

STATE of Oregon, Appellant,

v.

David Wayne THOMAS, Respondent.

Court of Appeals of Oregon, In Banc.

Decided May 8, 1978.

Petition for reconsideration filed February 15, 1978.

Former opinion filed January 16, 1978.

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen. and Thomas H. Denney, Asst. Atty. Gen., Salem, for appellant.

No appearance contra.

On appellant's petition for reconsideration filed February 15, 1978.

Former opinion filed January 16, 1978, 32 Or. App. 85, 573 P.2d 762 (1978).

JOHNSON, Judge.

The state appeals from a trial court order sustaining defendant's…