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STATE v. ROBINSON

235 Or. 524 (1963)

385 P.2d 754

STATE OF OREGON v. ROBINSON

Supreme Court of Oregon.

Affirmed October 17, 1963.

Attorney(s) appearing for the Case

Reginald S. Williams, Salem, argued the cause for the appellant. With him on the brief were Lawrence Osterman and Dale Pierson, Salem.

Gary D. Gortmaker, Deputy District Attorney, Salem, argued the cause for respondent. With him on the brief was Hattie Bratzel Kremen, District Attorney, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant from a judgment of the circuit court which adjudged him guilty of the crime of driving a motor vehicle while under the influence of intoxicating liquor in violation of ORS 483.992 (2). The penalty was a fine of $300.

ORS 483.992 (2) provides:

"Any person who, while being under the influence of intoxicating liquor, barbiturates or narcotic drugs...

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