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STATE v. HEYWOOD

541 P.2d 144 (1975)

STATE of Oregon, Respondent, v. John Wayne HEYWOOD, Appellant.

Court of Appeals of Oregon.

Decided October 20, 1975.

Attorney(s) appearing for the Case

Rita M. Radich, Portland, filed the brief for appellant.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Donald L. Paillette, Asst. Atty. Gen., Salem, appeared for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

Submitted on Record and Appellant's Brief October 8, 1975.

PER CURIAM.

Defendant was convicted of a violation of one of the provisions of ORS ch. 481. On appeal the state confesses error, stating:

"Trial court erred in denying defendant's Motion for Judgment of Acquittal because the statute under which the defendant was charged does not apply to persons who are not engaged in salvage operations."

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