STATE v. ELKINS


248 Or. 322 (1967)

432 P.2d 794

STATE OF OREGON, Respondent, v. JAMES BUTTLER ELKINS, Appellant.

Supreme Court of Oregon.

Affirmed October 25, 1967.

Petition for rehearing denied November 28, 1967.


Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed the brief for appellant.

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 PERRY, Chief Justice, and SLOAN, GOODWIN, HOLMAN and WOODRICH, Justices.


AFFIRMED.

WOODRICH, J. (Pro Tempore).

This is an appeal from a judgment of conviction on a charge of driving while under the influence of intoxicating liquor. Defendant was first convicted in district court. On appeal to the circuit court he was again convicted. Defendant contends he was denied a fair trial by reason of adverse publicity occurring during trial.

On the morning of June 21, 1966, the second day of trial, after the jury had been impaneled...

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