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STATE v. GALLOWAY

570 P.2d 113 (1977)

31 Or.App. 393

STATE of Oregon, Respondent, v. Michael Dean GALLOWAY, Appellant.

Court of Appeals of Oregon.

Decided October 24, 1977.

Attorney(s) appearing for the Case

Joan Glawe Seitz, Asst. Public Defender, Roseburg, filed the brief for appellant.

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen. and Thomas H. Denney, Asst. Atty. Gen., Salem, appeared for respondent.

Before SCHWAB, C.J., and TANZER and JOSEPH, JJ.

Submitted on Record and Appellant's Brief October 6, 1977.

PER CURIAM.

The state confesses error.

Reversed and remanded.

TANZER, J., concurs.

TANZER, Judge, concurring.

I concur to point out that reversal in a case such as this does not follow automatically from a confession of error. The United States Supreme Court has stated the rule which I trust is implicit in the cryptic majority opinion:

"* * * Confessions of...

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