State v. O'BRIEN

485 P.2d 434 (1971)

STATE of Oregon, Respondent,

v.

Joseph Albert O'BRIEN, Appellant.

Court of Appeals of Oregon, Department 2.

Argued and Submitted April 20, 1971.

Decided May 28, 1971.

Rehearing Denied June 29, 1971.

Review Granted September 21, 1971.

Bruce E. Smith, Eugene, argued the cause and filed the briefs for appellant.

Ted E. Barbera, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

FORT, Judge.

Defendant was convicted by the court sitting without a…