STATE v. SUTTON


450 P.2d 748 (1969)

STATE of Oregon, Respondent, v. Alva Bida SUTTON, Appellant.

Supreme Court of Oregon, In Banc.

Decided February 19, 1969.


Attorney(s) appearing for the Case

Donald F. Bach and Porter & Bach, Eugene, for appellant.

John B. Leahy, Dist. Atty., and H. Thomas Evans, Deputy Dist. Atty., Eugene, for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


HOLMAN, Justice.

Defendant was convicted of drunken driving and appealed.

His sole assignment of error was the receipt into evidence of a checklist used by a police officer in the operation of a breath analysis machine when he conducted a test upon defendant's breath. The checklist was one furnished by the State Board of Health for the use of police officers to assure the machine's correct operation. Proper operation of the machine requires certain steps to...

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