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STATE v. FOGLE

459 P.2d 873 (1969)

STATE of Oregon, Respondent, v. George McGill FOGLE, Appellant.

Supreme Court of Oregon. In Banc.

Reargued September 8, 1969.

Decided October 15, 1969.

Attorney(s) appearing for the Case

William L. Lasswell, Roseburg, argued and reargued the cause and filed a brief for appellant.

Lauren K. Loveland, Deputy Dist. Atty., Roseburg, argued and reargued the cause for respondent. On the brief was Doyle L. Schiffman, Dist. Atty., Roseburg.

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

Argued before Department 2 and submitted April 8, 1969.

HOLMAN, Justice.

Defendant was convicted of negligent homicide arising out of an automobile accident which resulted in the death of a passenger in a vehicle operated by him.

Defendant charges as error the admission into evidence of the result of a chemical analysis of his breath for alcohol. He argues that he did not voluntarily submit to the chemical test because he was not competent to give...

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