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State v. Galloway

Oregon Court of Appeals
Oct 24, 1977
570 P.2d 113 (Or. Ct. App. 1977)

Opinion

No. T-7-5794, CA 8859

Submitted on record and appellant's brief October 6, reversed and remanded October 24, 1977

Appeal from District Court, Douglas County.

Carl M. Felker, Judge.

Joan Glawe Seitz, Assistant Public Defender, Roseburg, filed the brief for appellant.

James A. Redden, Attorney General, Al J. Laue, Solicitor General, and Thomas H. Denney, Assistant Attorney General, Salem, appeared for respondent.

Before Schwab, Chief Judge, and Tanzer and Joseph, Judges.


PER CURIAM.

Reversed and remanded.

Tanzer, J., concurring opinion.


The state confesses error.

Reversed and remanded.


I concur to point out that reversal in a case such as this does not follow automatically from a confession of error. The United States Supreme Court has stated the rule which I trust is implicit in the cryptic majority opinion:

"* * * Confessions of error are, of course, entitled to and given great weight, but they do not 'relieve this Court of the performance of the judicial function.' Young v. United States, 315 U.S. 257, 258, 86 L Ed 832, 834, 62 S Ct 510 (1942). * * *" Sibron v. New York, 392 U.S. 40, 58, 88 S Ct 1889, 20 L Ed 2d 917 (1968).

I concur inasmuch as I agree with appellant's assignment of error and the underlying analysis of the state's confession.


Summaries of

State v. Galloway

Oregon Court of Appeals
Oct 24, 1977
570 P.2d 113 (Or. Ct. App. 1977)
Case details for

State v. Galloway

Case Details

Full title:STATE OF OREGON, Respondent, v. MICHAEL DEAN GALLOWAY, Appellant

Court:Oregon Court of Appeals

Date published: Oct 24, 1977

Citations

570 P.2d 113 (Or. Ct. App. 1977)
570 P.2d 113

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