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STATE v. KLOUCEK

520 P.2d 458 (1974)

STATE of Oregon, Appellant, v. Royd Felix KLOUCEK, Respondent.

Court of Appeals of Oregon.

Decided April 1, 1974.

Rehearing Denied May 1, 1974.

Review Denied May 21, 1974.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Michael F. McClain, Corvallis, argued the cause for respondent. On the brief were Ringo, Walton, McClain & Eves, Corvallis.

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

SCHWAB, Chief Judge.

Defendant has been indicted for manslaughter, ORS 163.125, the indictment alleging, among other things, that he "was [driving] under the influence of intoxicating liquor" at the time of an automobile accident that caused the death of the victim. Defendant made a pretrial motion to suppress evidence of the results of tests of blood samples taken from him pursuant to a search warrant. The motion was granted. The state appeals.

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