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STATE v. SMITH

No. DU 7362; CA 11208.

600 P.2d 949 (1979)

42 Or.App. 543

STATE of Oregon, Respondent, v. David Carl SMITH, Appellant.

Court of Appeals of Oregon, In Banc.

October 8, 1979.

Attorney(s) appearing for the Case

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Bernard B. Brink, Hillsboro, argued the cause for respondent. With him on the brief was Brink, Moore, Brink & Peterson, Hillsboro.

Submitted on Remand from the Oregon Supreme Court, May 8, 1979.

RICHARDSON, Judge.

The Supreme Court, on review of our previous decision in this case, State v. Smith, 38 Or.App. 173, 589 P.2d 1158 (1979), remanded it "for reconsideration in light of State v. Clark, 286 Or. 33, 593 P.2d 123 (1979)." The facts...

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