Attorney:
Francis E. Marsh, of McMinnville (Vinton, Marsh & Marsh, of McMinnville, on the brief), for appellant. Earl A. Nott, Dist. Atty., for Yamhill County, of McMinnville, for respondent.
Judge Panel:
Before BELT, C.J., and ROSSMAN, BAILEY, LUSK, BRAND and HAY, JJ. ROSSMAN, LUSK, BRAND, and HAY, JJ., concur. BRAND, Justice (specially concurring). LUSK and HAY, JJ., concur in the foregoing opinion. BELT, Chief Justice (dissenting).
