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STATE v. MONTIETH

247 Or. 43 (1967)

417 P.2d 1012

STATE OF OREGON, Respondent, v. CHARLES ELLSWORTH MONTIETH, Appellant.

Supreme Court of Oregon.

Affirmed September 9, 1967.

Petition for rehearing denied October 11, 1966.

Dismissed May 10, 1967.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for appellant.

Courtney R. Johns, District Attorney, Albany, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, DENECKE and HAMMOND, Justices.

United States Supreme Court dismissed May 10, 1967.

AFFIRMED.

GOODWIN, J.

The defendant was indicted under ORS 163.091 (negligent homicide) after the automobile he was driving struck and killed a boy on a bicycle. The state put on proof that the defendant had been driving while under the influence of intoxicating liquor. The jury found the defendant guilty, and he appeals.

Witnesses to the accident were...

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