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STATE v. ANDREWS

517 P.2d 1062 (1974)

STATE of Oregon, Appellant, v. John Pershing ANDREWS, Respondent.

Court of Appeals of Oregon.

Decided January 7, 1974.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, former Sol. Gen., Salem.

Burl L. Green, Portland, argued the cause for respondent. On the brief were James M. Pippin, and Green, Griswold & Pippin, Portland.

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

SCHWAB, Chief Judge.

Defendant was charged with manslaughter, ORS 163.125, by the following indictment:

"* * * "The said defendant on or about the 9th day of January, 1973, in the County of Jefferson, State of Oregon, did unlawfully and recklessly, without justification or excuse, cause the death of Vera Gilbert by driving an automobile operated by him into an automobile operated by the said Vera Gilbert...

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