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STATE v. ELLER

494 P.2d 454 (1972)

STATE of Oregon, Respondent, v. Johnnie Harold ELLER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 9, 1972.

Attorney(s) appearing for the Case

Robert L. Cowling, Medford, argued the cause for appellant. On the brief were Ford & Cowling, Medford.

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 FOLEY, JJ.

LANGTRY, Judge.

Defendant was convicted in the district and circuit courts of driving while under the influence of intoxicating liquor and appeals the circuit court conviction assigning as error that the court should have granted a mistrial after an improper question was asked by the prosecutor.

Defendant was arrested on the night of September 13, 1970, after a state police officer's attention was called to him by another motorist. In the circuit court jury...

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