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STATE v. ABBOTT

514 P.2d 355 (1973)

STATE of Oregon, Appellant, v. Robert Weston ABBOTT, Respondent.

Court of Appeals of Oregon.

Decided September 28, 1973.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, for appellant.

No appearance by respondent.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

Submitted on Record and Appellant's Brief September 10, 1973.

LANGTRY, Judge.

This is a state appeal from a circuit court dismissal of a prosecution for driving with .15 per cent or more of alcohol in blood under ORS 483.999. Defendant has not filed a brief in this court.

Defendant had been charged in separate complaints with driving while under influence of alcohol (ORS 483.992(2)), hereafter DUIL, and the charge under ORS 483.999 in the district...

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