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STATE v. WEITZEL

572 P.2d 334 (1977)

31 Or.App. 1093

STATE of Oregon, Appellant, v. Walter Edward WEITZEL, Respondent.

Court of Appeals of Oregon.

Decided December 12, 1977.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Kevin L. Mannix, Asst. Atty. Gen., Salem.

Gregory P. Lynch, Portland, argued the cause for respondent. With him on the brief was Lynch & Siel, Portland.

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

SCHWAB, Chief Judge.

On May 29, 1976, defendant was charged with failure to leave his name and address at the scene of an accident, ORS 483.602, and with driving while under the influence of intoxicating liquor, ORS 487.540. The state appeals from a dismissal of both charges on the ground that dismissal constituted an abuse of discretion.1 We agree with the state.

The offenses which gave rise to the charges occurred on May 28,...

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