STATE v. ENOCH


536 P.2d 460 (1975)

STATE of Oregon, Respondent, v. Ben Daniel ENOCH, Jr., Appellant.

Court of Appeals of Oregon.

Decided June 9, 1975.

Rehearing Denied July 2, 1975.

Review Denied July 15, 1975.


Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause for appellant. With him on the brief were Fabre & Ehlers, Pendleton.

Jack Olsen, Dist. Atty., Pendleton, argued the cause and filed the brief for respondent.

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


LANGTRY, Judge.

Defendant appeals from conviction of driving while under the influence of alcohol. The only question is whether the results of a test for blood-alcohol content can be used against defendant.

Defendant was driving alone when he became involved and was seriously injured in a one-car accident. He was removed by ambulance to a hospital before being seen by the investigating officer. At the hospital a blood sample was taken from defendant for medical...

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