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STATE v. CARPENTER

565 P.2d 768 (1977)

29 Or.App. 879

STATE of Oregon, Respondent, v. James Frank CARPENTER, Appellant.

Court of Appeals of Oregon.

Decided June 20, 1977.

Attorney(s) appearing for the Case

William A. Barton, Newport, argued the cause for appellant. With him on the brief was Barton & Armbruster, Newport.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

TANZER, Judge.

The defendant appeals from a judgment of conviction of the crime of driving under the influence of intoxicants. The charge was brought by a uniform traffic citation and complaint which alleges:

"* * * That on the 6 day of Sept., 1976 at 9:35 o'clock p.m. * * * Carpenter, James Frank * * * did unlawfully operate vehicle, lic. No. BKP-006 * * * on a public highway, to-wit: 101 at or near Kernville located in the county and state aforesaid, and...

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