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STATE v. ANNEN

504 P.2d 1400 (1973)

STATE of Oregon, Respondent, v. Alcuin Alvin ANNEN, Appellant.

Court of Appeals of Oregon.

Decided January 12, 1973.

Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause and filed the briefs for appellant.

James A. Hearn, Deputy Dist. Atty., Salem, argued the cause for respondent. With him on the brief was Gary D. Gortmaker, Dist. Atty., Salem.

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

SCHWAB, Chief Judge.

This appeal presents the question of whether it was error to admit into evidence in a negligent homicide trial the results of a blood alcohol test showing an alcohol content of .24 per cent1 when the blood sample which was tested was taken from the defendant after the defendant had expressly refused the state permission to take a blood sample from him. Under the terms of the Implied Consent Law, ORS 483.634 et seq...

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