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STATE v. ATKINSON

562 P.2d 978 (1977)

28 Or.App. 909

STATE of Oregon, Respondent, v. Harry James ATKINSON, Appellant.

Court of Appeals of Oregon.

Decided March 28, 1977.

Attorney(s) appearing for the Case

Walter B. Hogan, Coquille, argued the cause for appellant. With him on the brief were Maurice V. Engelgau and Walter B. Hogan, Coquille.

Karen H. Green, Certified Law Student, Salem, argued the cause for respondent. With her 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.

RICHARDSON, Judge.

Defendant was convicted by a jury of driving while under the influence of intoxicating liquor, ORS 483.992(2). The charge is reflected in an Oregon Uniform Traffic Citation and Complaint. We have set out below a reproduction of the complaint to better illustrate defendant's claim of error. The first claim of error challenges the sufficiency of the complaint and the second alleges a mistrial should have been granted when a witness mentioned a "breath...

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