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STATE v. TENNYSON

567 P.2d 596 (1977)

30 Or.App. 575

STATE of Oregon, Appellant, v. Brian Daniel TENNYSON, Respondent.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Donald L. Pailette, Asst. Atty. Gen., Salem, filed the brief for appellant.

James C. Waggoner and Martin, Bischoff, Templeton & Biggs, Portland, filed the brief for respondent.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

The state appeals an order sustaining a demurrer to a uniform traffic citation and complaint charging defendant with the crime of driving under the influence of intoxicants in violation of ORS 487.540 and 484.365(1). The complaint alleges:

"That on the 1 day of Nov, 1976 at about 10:10 o'clock PM., * * * Tennyson Brian Daniel * * * did unlawfully operate vehicle, lic. no. CKA 640 * * * on a public street or highway, to wit: I-5 at or near...

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