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STATE v. GAYLOR

508 P.2d 250 (1973)

STATE of Oregon, Respondent, v. Jerry D. GAYLOR, Appellant.

Court of Appeals of Oregon.

Decided March 26, 1973.

Attorney(s) appearing for the Case

James H. Spence, Roseburg, argued the cause and filed the brief for appellant.

Brian Barnes, Deputy Dist. Atty., Roseburg, argued the cause for respondent. On the brief were Doyle L. Schiffman, Dist. Atty., and Stephen H. Miller, Deputy Dist. Atty., Roseburg.

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

FOLEY, Judge.

Defendant was indicted for the crime of negligent homicide (ORS 163.091) and convicted following a jury trial. He raises a number of assignments of error on appeal, but we find his first assignment dispositive of the case.

A brief statement of facts is helpful in formulating the issue involved. On the night of December 24, 1971, defendant's automobile collided head-on with another vehicle. One of the occupants of the other vehicle was killed...

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