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STATE v. PATRICK

573 P.2d 1259 (1978)

32 Or.App. 35

STATE of Oregon, Appellant, v. Michael Robert PATRICK, Respondent. State of Oregon, Appellant, v. GERALD GENE SPINNEY, Respondent. State of Oregon, Appellant, v. CLIFFORD CONNORTON, Respondent.

Court of Appeals of Oregon.

Decided January 16, 1978.

Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for appellant.

James G. Nelson, Goode, Goode, Decker & Beckham, P.C., Albany, appeared for respondents Michael Robert Patrick and Gerald Gene Spinney.

No appearance for respondent Clifford Connorton.

Before SCHWAB, C.J., and TANZER and JOHNSON, JJ.

SCHWAB, Chief Judge.

In these three consolidated appeals the trial judge sustained demurrers to charges of violation of ORS 487.540, driving while under the influence of intoxicants. The trial judge was clearly in error on the merits. However, we can reach the question in only one of the three cases, State v. Connorton, in which the order appealed from states:

"* * * Defendant's Demurrer is hereby allowed and * * * the citation is hereby dismissed...

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