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STATE v. REITER

No. 78-2354; CA 12377.

598 P.2d 699 (1979)

41 Or.App. 389

STATE of Oregon, Appellant, v. Robert Wayne REITER, Respondent.

Court of Appeals of Oregon.

Argued and Submitted June 27, 1979.

Attorney(s) appearing for the Case

Frederick A. Hugi, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Robert J. McCrea, Eugene, argued the cause for respondent. On the brief were Paul R. Frisch, and Morrow & McCrea, Eugene.

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

PER CURIAM.

Reversed and remanded for trial. State v. Delker, 26 Or.App. 497, 552 P.2d 1313, rev. den. (1976); State v. Broderick, 14 Or.App. 69, 511 P.2d 1281 (1973); State v. Poteet, 9 Or.App. 231, 495 P.2d 783, rev. den. (1972).

ROBERTS, J., dissents.

ROBERTS, Judge, dissenting.

I dissent because I would...

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