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STATE v. WARD

Nos. 78-1315; CA 11299; SC 26121.

611 P.2d 655 (1980)

289 Or. 211

STATE of Oregon, Respondent, v. Jeffery Dale WARD, Petitioner.

Supreme Court of Oregon, In Banc.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Thomas L. Fagan, of Fagan, Hoffman & Klarr, P.C., Eugene, argued the cause and filed the briefs for petitioner.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem.

PER CURIAM.

The court is equally divided on the only issue in the case and, therefore, the Court of Appeals is affirmed. Justices Tongue and Howell and Chief Justice Denecke would affirm and Justices Lent, Linde and Peterson would reverse. Justice Tanzer participated in the decision of this case in Court...

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