STATE v. CULMSEE

No. DA 336358-8701; CA A45082.

754 P.2d 11 (1988)

91 Or.App. 63

STATE of Oregon, Respondent, v. Thomas Elvin CULMSEE, Appellant.

Court of Appeals of Oregon.

Decided May 11, 1988.

Reconsideration Denied July 1, 1988.


Attorney(s) appearing for the Case

Philip A. Lewis, Portland, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


WARDEN, Presiding Judge.

Defendant appeals from a judgment of conviction for public indecency. He assigns error to the trial court's denial of his motion for a judgment of acquittal. We reverse.

In January, 1987, at approximately 7:00 p.m., police officers Winn and Keller were instructed by another officer to follow a car that had "picked up * * * what [the officer] suspected was a prostitute." The officers followed defendant's car until it drove into a private...

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