STATE v. STOVER


531 P.2d 258 (1975)

STATE of Oregon, Respondent, v. John Franklin STOVER, Petitioner.

Supreme Court of Oregon.

Decided January 30, 1975.


Attorney(s) appearing for the Case

Donald D. Yokom of Walton & Yokom, Pendleton, argued the cause and filed a brief for petitioner.

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

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.


HOWELL, Justice.

The defendant was convicted of criminally negligent homicide in the circuit court for Umatilla County. The conviction was upheld by the Court of Appeals. We granted review.

On May 4, 1972, the defendant was involved in a one-car accident in which a child passenger was killed. The investigating officer saw empty beer cans in the car and suspected that the defendant was under the influence of intoxicating liquor.

The defendant was taken...

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