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STATE v. SMITH

560 P.2d 1066 (1977)

277 Or. 251

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

Supreme Court of Oregon, In Banc.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs 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 DENECKE, C.J., and HOLMAN, TONGUE, BRYSON, LENT, LINDE and MENGLER, JJ.

TONGUE, Justice.

Defendant, an enrolled member of the Warm Springs Indian Tribe, was on November 25, 1974, a prisoner in the Jefferson County jail. On that date he was taken for dental services by a Jefferson County deputy sheriff to the Warm Springs Dental Clinic, located on the Warm Springs Indian Reservation, also in Jefferson County.

While at that clinic, defendant escaped from the officer. He was not immediately recaptured, but in October 1975 was returned...

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