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STATE v. SMITH

570 P.2d 409 (1977)

31 Or.App. 321

STATE of Oregon, Respondent, v. Harold Asbury SMITH, Appellant.

Court of Appeals of Oregon.

Decided October 24, 1977.

Attorney(s) appearing for the Case

Michael C. Haines, Oregon City, argued the cause and filed the brief for appellant.

James C. Rhodes, 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 RICHARDSON and ROBERTS, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction for driving under the influence of intoxicating liquor under the former ORS 483.992(2).1 In October 1976, the district court granted defendant's pretrial motion suppressing his admissions that he was driving the motor vehicle. The state appealed this ruling to the circuit court which reversed the holding of the district court and remanded the case for trial.2

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