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STATE v. BETTS

235 Or. 127 (1963)

384 P.2d 198

STATE OF OREGON v. BETTS

Supreme Court of Oregon.

Affirmed July 24, 1963.

Attorney(s) appearing for the Case

David C. Silven, Baker, argued the cause and filed a brief for appellant.

Jesse R. Himmelsbach, Jr., District Attorney, Baker, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

DENECKE, J.

The defendant was convicted of negligent homicide. A passenger in a vehicle driven by the defendant was killed when the car left the road and crashed. The defendant was indicted pursuant to ORS 163.091, the pertinent part of which is as follows:

"When the death of any person ensues within one year as the proximate result of injuries caused by: "(1) The driving of any motor vehicle...

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