STATE v. STANLEY


566 P.2d 193 (1977)

30 Or.App. 33

STATE of Oregon, Respondent, v. Ray C. STANLEY, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1977.


Attorney(s) appearing for the Case

Scott M. Galenbeck, Springfield, argued the cause for appellant. With him on the brief was Lively & Wiswall, Springfield.

W. Benny Won, 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 his judgment of conviction in the district court for driving while under the influence of intoxicants. The issues on appeal flow from a claim of prejudice based on the jury's knowledge of a breathalyzer test administered to the defendant at the time of his arrest, the result of which was excluded from evidence on defendant's objection.

Defendant first assigns as error the denial of his motions to determine the admissibility...

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