State v. Elliott

488 P.2d 1189 (1971)

STATE of Oregon, Appellant,

v.

Larry James ELLIOTT, Respondent.

Court of Appeals of Oregon, In Banc.

Argued and Submitted May 17, 1971.

Reargued and Submitted July 22, 1971.

Decided September 21, 1971.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen. and J. Bradford Shiley, Jr., Special Asst. Atty. Gen., Salem.

Ralph Currin, Pendleton, argued the cause for respondent. With him on the brief were Currin & French, Pendleton.

Argued and Submitted before Department 1, May 17, 1971.

LANGTRY,…