Opinion
CA 11492, SC 26665
Argued and submitted May 6, 1980.
Affirmed by an equally divided court November 28, 1980. Rehearing denied December 12, 1980.
On review from the Court of Appeals.
Appeal from Circuit Court, Lane County (No. 79-1761). Roland K. Rodman, Judge. 42 Or. App. 539, 600 P.2d 948 (1979).
Harry T. Carp, of Chez Carp, Eugene, argued the cause and filed the briefs for petitioner.
Brian Barnes, Assistant District Attorney, Lane County, argued the cause for respondent. With him on the brief was J. Pat Horton, District Attorney, Lane County.
Before Denecke, Chief Justice, and Tongue, Howell, Lent, Linde and Peterson, Justices.
Affirmed by an equally divided court.