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STATE v. SPENCER

No. B47-427; CA 13453.

599 P.2d 464 (1979)

41 Or.App. 393

STATE of Oregon, Appellant, v. Michael Dennis SPENCER, Respondent.

Court of Appeals of Oregon.

Decided August 20, 1979.

Attorney(s) appearing for the Case

Ronald R. Sticka, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

David J. Phillips, Public Defender Services of Lane County, Inc., Eugene, argued the cause and filed the brief for respondent.

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

PER CURIAM.

Reversed and remanded for trial. State v. Donahue, 39 Or.App. 79, 591 P.2d 394 (1979).

ROBERTS, J., dissents.

ROBERTS, Judge, dissenting.

I dissent because State v. Donahue, 39 Or.App. 79, 591 P.2d 394 (1979) is not controlling as to all of the questions raised by this case...

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