Opinion
Argued and Submitted Jan. 16, 1979.
Jonathan H. Fussner, Asst. Dist. Atty., Lane County, Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Lane County, Eugene.
Michael F. Fox, Eugene, argued the cause for respondent. With him on the brief was Hoffman, Morris, Van Rysselberghes&sGiustina, Eugene.
Before SCHWAB, C. J., and THORNTON, LEE and GILLETTE, JJ.
PER CURIAM.
Reversed and remanded for trial. State v. Larsen, 37 Or.App. 425, 588 P.2d 41 (1978).