Opinion
No. 26407, CA 16726, SC 27314
Argued and submitted February 5, 1981.
Affirmed by an equally divided court May 5, 1981.
On review from the Court of Appeals.
Appeal from Circuit Court, Polk County. Darrell J. Williams, Judge. 47 Or. App. 1145, 616 P.2d 505 (1980).
Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the briefs was Gary D. Babcock, Public Defender, Salem.
Dale L. Anderson, Deputy District Attorney, Dallas, argued the cause and filed the brief for respondent.
Before Denecke, Chief Justice, and Tongue, Lent, Linde, Peterson and Tanzer, Justices.
Affirmed by an equally divided court.