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STATE v. HULSEY

471 P.2d 812 (1970)

STATE of Oregon, Respondent, v. Douglas Lee HULSEY, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 9, 1970.

Attorney(s) appearing for the Case

A.J. Morris, Eugene, argued the cause for appellant. With him on the briefs were Frank B. Reid, and Bailey, Hoffman, Morris & Van Rysselberghe, Eugene.

Stephen A. Hutchinson, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief were John B. Leahy, Dist. Atty., and Stephen H. Keutzer, Deputy Dist. Atty., Eugene.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

FORT, Judge.

Defendant was convicted by a jury of the crime generally referred to as felony hit and run. ORS 483.602(2) (c). He appeals and asserts five assignments of error in his brief. We will consider them seriatim.

Defendant demurred to the indictment on the ground that it failed to state a crime. It was overruled. This ruling is the first assignment of error. The indictment in its relevant portions charged that the defendant,

"* * * being the...

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