¶1concurring.
¶2I reluctantly concur, but only for the reason that a minority of this court "fought and lost the battle” in a recent case involving similar facts. See State v. Valdez, 277 Or 621, 561 P2d 1006 (1977) (Tongue, J., dissenting).
284 Or. 147
585 P.2d 681
State v. Warner
Decided October 24, 1978
Oregon Supreme Court · decided 1978-10-24
Good law ✅— No negative treatment on recordhow we know
Decided 1978-10-24
How this case has been cited
Cited by 53 later decisions — most recently July 2015 · most notably State v. Classen (1979), 287 Pa. Super. 19 - Commonwealth v. Williams (1981)
53 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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