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STATE v. JOHNSON

527 P.2d 740 (1974)

STATE of Oregon, Respondent, v. Lawrence Joseph JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1974.

Rehearing Denied December 4, 1974.

Review Denied January 14, 1975.

Attorney(s) appearing for the Case

William L. Lasswell, Roseburg, and Frederic H. Starkweather, Jr., Gold Beach, argued the cause and filed the brief for appellant.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

Defendant appeals from his conviction of negligent homicide. He raises nine assignments of error.

Defendant first assigns as error the trial court's denial of his demurrer to Counts I and II of the indictment.1 He contends that the allegation contained in specification (1) of both Count I and Count II that defendant was driving "while under the influence of intoxicating liquor, and while in a tired and sleepy condition...

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