STATE v. SOUTH


565 P.2d 771 (1977)

29 Or.App. 873

STATE of Oregon, Appellant, v. Clarence Ray SOUTH, Respondent.

Court of Appeals of Oregon.

Decided June 20, 1977.


Attorney(s) appearing for the Case

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

William D. Scalf, Gresham, argued the cause for respondent. With him on the brief was Hawkins, Germundson, Scalf & Young, Gresham.

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


TANZER, Judge.

The state appeals an order dismissing a uniform traffic citation and complaint charging the traffic crime of driving under the influence of intoxicants as prohibited by ORS 487.540 and 484.365(1). The complaint alleges:

"That on the 18 day of Aug., 1976 at about 12:55 o'clock a.m. * * * South, Clarence Ray * * * did unlawfully operate vehicle, lic. No. CMN-224 * * on a public street or highway, to-wit: NE Sandy at or near 107th * * * and then...

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