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STATE v. FREYMULLER

No. 94503.

552 P.2d 867 (1976)

STATE of Oregon, Appellant, v. Wally FREYMULLER, Jr., Respondent.

Court of Appeals of Oregon.

Decided August 9, 1976.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem, filed the brief for appellant.

Bernard K. Smith, Portland, appeared for respondent.

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

Submitted on Record and Appellant's Brief July 13, 1976.

SCHWAB, Chief Judge.

Prior to defendant's trial for drunken driving, he moved to suppress evidence of the breathalyzer test which had been administered to him. The district court granted defendant's motion. The circuit court affirmed and remanded to the district court for trial. The state appeals to this court.

The stipulated record on appeal to the...

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