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STATE v. FITZGERALD

242 Or. 618 (1966)

411 P.2d 261

STATE OF OREGON v. FITZGERALD

Supreme Court of Oregon.

Affirmed February 16, 1966.

Attorney(s) appearing for the Case

Proctor & Puckett, Klamath Falls, and Porter, Back & Dwyer, Eugene, for appellant.

No appearance for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.

AFFIRMED.

SCHWAB, J. (Pro Tempore).

Defendant, Larry Fitzgerald, having elected to stand trial without a jury, was found guilty of negligent homicide.

He was indicted under ORS 163.091 (1) which categorizes as "negligent homicide":

"* * * [T]he death of any person * * * as the proximate result of injuries caused by: "(1) The driving of any motor vehicle or combination of motor vehicles in...

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