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STATE v. MARCILIONIS

522 P.2d 1403 (1974)

STATE of Oregon, Respondent, v. John Anthony MARCILIONIS, Appellant.

Court of Appeals of Oregon.

Decided June 11, 1974.

Rehearing Denied July 17, 1974.

Review Denied August 6, 1974.

Attorney(s) appearing for the Case

Frank Porcelli, Jr., Beaverton, argued the cause for appellant. With him on the brief was Peter R. Blyth, Beaverton.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

FORT, Judge.

Defendant was cited, arrested, and lodged in jail for driving with more than .15 per cent alcohol in his blood and subsequently released on bail. He pled not guilty and, after denial of a motion to quash the citation on the ground that its summons portion was not filled out, he was convicted. He appealed to the circuit court where after renewal and denial of his motion to quash the citation, he was again convicted...

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