State v. Ward
38 Or. App. 425
Or. Ct. App.
1979
Check Treatment

Lead Opinion

PER CURIAM.

The state seeks reconsideration on our former opinon, reported at 37 Or App 591, 588 P2d 72 (1978). Upon reconsideration, we are now of the view that the dissenting opinion correctly analyzed the facts and the law. Accordingly, the petition for reconsideration is granted, our former opinion is withdrawn, the analysis of the dissent is adopted as the opinion of the court, and the defendant’s conviction is affirmed.





Dissenting Opinion

ROBERTS, J.,

dissenting.

I would adhere to our former majority opinion, and so respectfully dissent.

Richardson and Buttler, JJ, join in this dissent.