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STATE v. WAGGONER

228 Or. 334 (1961)

365 P.2d 291

STATE OF OREGON v. WAGGONER

Supreme Court of Oregon.

Affirmed September 27, 1961.

Attorney(s) appearing for the Case

Donald F. Bach, Eugene, argued the cause for appellant. With him on the brief was Kenneth A. Poole, Eugene.

John W. Osburn, Deputy District Attorney, Eugene, argued the cause for respondent. With him on the brief was William F. Frye, District Attorney, Eugene.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and BRAND, Justices.

AFFIRMED.

GOODWIN, J.

The defendant appeals from a judgment of conviction of violating ORS 483.992 (2) by driving while under the influence of intoxicating liquor.

The first of three assignments of error challenges the sufficiency of the complaint. Midway in the trial the defendant objected to the introduction of further evidence and moved that all evidence previously received be stricken on the ground that the complaint did not describe a crime.<...

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