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STATE v. MICHENER

550 P.2d 449 (1976)

STATE of Oregon, Appellant, v. David E. MICHENER, Respondent (Two Cases). State of Oregon, Appellant, v. Malvena Goetz, Respondent.

Court of Appeals of Oregon.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Jeffrey M. Kilmer, Portland, argued the cause for respondent Michener. With him on the brief was Stephen Walker, Portland, for respondent Goetz.

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

LANGTRY, Judge.

These cases present the single question of whether, because the defendants were denied an opportunity to conduct their own examination and analysis of breathalyzer test ampules used to measure the level of alcohol present in their circulatory systems at the time of their arrests, they would be deprived of their right to a fair trial by the admission of "breathalyzer evidence" held by the state. The circuit court agreed with defendants' contention that...

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