
    Submitted on record and appellant’s brief October 6,
    reversed and remanded October 24, 1977
    STATE OF OREGON, Respondent, v. MICHAEL DEAN GALLOWAY, Appellant.
    
    (No. T-7-5794, CA 8859)
    570 P2d 113
    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.
    Tanzer, J., concurring opinion.
   PER CURIAM.

The state confesses error.

Reversed and remanded.

TANZER, J.,

concurring.

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 US 257, 258, 86 L Ed 832, 834, 62 S Ct 510 (1942). * * *” Sibron v. New York, 392 US 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.  