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STATE v. MAYES

245 Or. 179 (1966)

421 P.2d 385

STATE OF OREGON v. HARRY MAYES

Supreme Court of Oregon.

Reversed December 14, 1966.

Attorney(s) appearing for the Case

John D. Ryan, Portland, argued the cause for appellant. On the brief were Ryan & Ryan, Portland.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

REVERSED.

GOODWIN, J.

Defendant appeals a conviction of violating ORS 483.992 (2) (driving while under the influence of intoxicating liquor). He asserts the constitutional defense of double jeopardy, as well as a statutory defense based on ORS 134.140 (2)1 and 134.150.2

The record discloses the following events: On April 24, 1965, the defendant was issued...

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