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STATE v. EVANS

460 P.2d 1021 (1969)

STATE of Oregon, Respondent, v. Kenneth Decker EVANS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 14, 1969.

Attorney(s) appearing for the Case

Bryan T. Hodges, Eugene, argued the cause and filed the brief for appellant.

Stephen A. Hutchinson, Deputy Dist. Atty., Eugene, argued the cause for respondent. On the brief were Robert K. Naslund, Deputy Dist. Atty., and John B. Leahy, Dist. Atty., Eugene.

BRANCHFIELD, Judge.

Defendant was found guilty of driving while under the influence of intoxicating liquor. He claims prejudicial error in the failure of the trial court to give the jury one of his requested instructions.

At the trial the defendant testified that he had drunk two bottles of beer before leaving Cottage Grove to drive to Eugene. He complained that he had been nauseated and his head ached. He claimed the symptoms which he felt and his erratic...

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