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STATE v. COFFMAN

502 P.2d 605 (1972)

STATE of Oregon, Appellant, v. Irene Ruth COFFMAN, Respondent.

Court of Appeals of Oregon.

Decided November 10, 1972.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

James H. Lewelling, Newport, argued the cause for respondent. With him on the brief was Gordon MacPherson, Toledo.

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

LANGTRY, Judge.

This is an appeal from an order which suppresses evidence in the form of the results of a breathalyzer test given defendant, in a driving-while-intoxicated case, pursuant to ORS 483.634. The order is based upon a finding by the court that an ampoule containing chemicals used in administering the breath test was qualified as evidence only by hearsay, and its admissibility does not fall within any of the recognized...

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