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STATE v. SMITH

476 P.2d 802 (1970)

STATE of Oregon, Respondent, v. William D. SMITH, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 16, 1970.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

Upon trial by jury defendant was convicted of driving while under the influence of intoxicating liquor. ORS 483.992(2). At the trial the defendant admitted that he was drunk at the time in question, but claimed that he was a passenger, and not the driver of the automobile. Over his objection, his admission (made to the arresting officer immediately following the arrest) that he was, in fact, driving, was admitted into evidence. His objection,...

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