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STATE v. WEST

458 P.2d 706 (1969)

STATE of Oregon, Respondent, v. Allen Duane WEST, Appellant.

Court of Appeals of Oregon, In Banc.

Decided September 12, 1969.

Attorney(s) appearing for the Case

Harold L. Olsen, St. Helens, argued the cause for appellant. With him on the briefs were Bennett & Vagt, St. Helens.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. On the brief were Lou L. Williams, Dist. Atty., and Lowell W. Bergen, Deputy Dist. Atty., St. Helens.

FORT, Judge.

Defendant, following his waiver of the right to a jury trial, was tried and convicted by the court of the crime of negligent homicide. He asserts as his sole assignment of error that

"The trial court erred in finding that excessive speed, with nothing more, was sufficient evidence upon which to find the defendant grossly negligent and, therefore, guilty of negligent homicide, under the circumstances and conditions existing immediately prior to...

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