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STATE v. GROSS

526 P.2d 1050 (1974)

STATE of Oregon, Respondent, v. Kimberley Kay GROSS, Appellant.

Court of Appeals of Oregon.

Decided October 7, 1974.

Attorney(s) appearing for the Case

A. Allan Franzke, Portland, argued the cause for appellant. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Ridgway K. Foley, Jr., Portland.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from conviction in a jury trial of two counts of manslaughter. The deaths occurred in a two-vehicle accident shortly after midnight on August 5, 1973 in the westbound lanes of Freeway 80N near Bonneville Dam. Defendant was in an eastbound vehicle with a male companion and another young man and woman. They had all been partaking of dangerous drugs, marihuana, and beer; all were "tipsy." Two or three had tried to drive, and their vehicle...

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