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STATE v. SMITH

552 P.2d 261 (1976)

STATE of Oregon, Respondent, v. Austin Louis SMITH, Appellant.

Court of Appeals of Oregon.

Decided July 19, 1976.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

On November 25, 1974 defendant was a prisoner in the Jefferson County Jail. He is a member of the Confederated Tribes of the Warm Springs Reservation, which is located in Jefferson and Wasco Counties on the westerly side of the Deschutes River. Defendant had a dental appointment at a clinic on the reservation, and a county deputy sheriff took him there, in custody and handcuffed, to keep the appointment. Defendant broke from the clinic waiting room...

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