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STATE v. PHILLIPS

489 P.2d 987 (1971)

STATE of Oregon, Respondent, v. James Oliver PHILLIPS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 19, 1971.

Attorney(s) appearing for the Case

Frank M. Ierulli, 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 John W. Osburn, Sol. Gen., Salem.

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

PER CURIAM.

Defendant appeals from a conviction of negligent homicide (ORS 163.091)1 by the trial court sitting without a jury.

The first assignment of error challenges the sufficiency of the evidence. The passenger in the defendant's car testified that he and the defendant had been drinking beer prior to the accident. Another witness observed the defendant at the scene immediately after the accident and was of the opinion that...

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