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STATE v. JORDAN

CA 11798, 11799; CR 78-168, 78-170.

593 P.2d 525 (1979)

38 Or.App. 421

STATE, Respondent, v. JORDAN, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Ronald L. Marek, Corvallis, for appellant.

Walter L. Barrie, Sol. Gen., Catherine Allan, Asst. Atty. Gen., for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge, concurring in part; dissenting in part.

I concur with the majority in affirming without opinion defendant's conviction for menacing. I also concur that the motion to suppress was properly denied. I dissent only from the majority's affirmance of the conviction for resisting arrest.

The crime of resisting arrest is defined by ORS 162.315(1):

"A person commits the crime of resisting arrest if he intentionally resists a person known by...

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