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STATE v. KOHLASCH

502 P.2d 1158 (1972)

STATE of Oregon, Respondent, v. Theo Paul KOHLASCH, Appellant.

Court of Appeals of Oregon.

Decided November 10, 1972.

Rehearing Denied December 6, 1972.

Attorney(s) appearing for the Case

Nicholas D. Zafiratos, Astoria, 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 LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendant appeals from a conviction under ORS 483.999(1) of driving a motor vehicle when the content of alcohol in his blood was more than .15 per cent. A breathalyzer test administered 33 minutes after his arrest showed that he then had .23 blood-alcohol content. The arresting police officer in answer to questions described what happened after the arrest. On neither direct nor cross-examination was he asked, and he did not indicate, whether defendant...

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