STATE v. CARNATHAN


465 P.2d 899 (1970)

STATE of Oregon, Respondent, v. Donald Leroy CARNATHAN, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 12, 1970.


Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed the brief for appellant.

Billy L. Williamson, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

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


FORT, Judge.

Defendant was tried and convicted by a jury in the district court of the offense of driving a motor vehicle while under the influence of intoxicating liquor. He appealed to the circuit court. There he waived a jury, was tried to, and convicted by, the court. He appeals, asserting as error the receipt into evidence by the court of a tape recording solely because it included the refusal of the defendant to answer certain of the questions asked of him by...

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