Citation Codes Equivalent Citations citation codes Docket Number 87CR-1771; CA A48131 Advocates Nick Nylander, North Bend, argued the cause for With him on the brief was Flaxel, Todd Nylander, North Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for With him on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, Judges ROSSMAN, J., dissenting. See more information ... Smart Summary Please sign up to generate summary. STATE OF OREGON, Respondent, v. HARRY EMIL VIAR, Appellant. PER CURIAM Reversed and remanded for new trial. State v. Ainsworth, 95 Or. App. 240, 770 P.2d 58 (1989). Rossman, J., dissenting. ROSSMAN, J., dissenting. For the reasons I expressed in my dissent in State v. Ainsworth, 95 Or. App. 240, 247, 770 P.2d 58 (1989), I dissent.