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STATE v. ROLLO

221 Or. 428 (1960)

351 P.2d 422

STATE OF OREGON v. ROLLO

Supreme Court of Oregon.

Reargued February 14, 1960.

Reversed and remanded April 27, 1960.

Attorney(s) appearing for the Case

Dan M. Dibble, Portland, argued the cause and filed a brief for appellant.

David Robinson, Jr., and Oscar D. Howlett, Deputy District Attorneys, Portland, argued the cause for respondent. On the brief was Charles E. Raymond, District Attorney, and David Robinson, Jr., Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED AND REMANDED.

SLOAN, J.

Defendant was convicted of third degree arson. He appeals. A resume of the facts is necessary before consideration of the assignments of error.

For several days prior to May 8, 1958, a number of small fires occurred in an area of Portland just east of the Morrison Street bridge. Investigators for the fire department believed the fires to have been manmade. During the early morning of May 7, 1958, such a fire was started...

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