Court of Appeals of Oregon, 1971

State v. Kay

Court of Appeals of Oregon · Decided November 5, 1971 · Fohey, Foley, Schwab, Thornton

7 Or. App. 462; 489 P.2d 1152

Opinion of the Court

PER CURIAM.

Affirmed. State v. Martinka, 2 Or App 499, 468 P2d 903 (1970); State v. Roisland, 1 Or App 68, 459 P2d 555 (1969).

070rehearing

ON PETITION FOR REHEARING

Jack R. Hannam, Portland, for the petition. Lee Johnson, Attorney General, and Joseph F. Ceniceros, Assistant Attorney General, Salem, for respondent. Before Schwab, Chief Judge, and Fohey and Thornton, Judges.

Petition for rehearing denied. Former opinion withdrawn. Reversed and remanded. State v. Michael Webb Smith, 260 Or 349, 490 P2d 1262 (1971).

PER CURIAM.

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