STATE v. MULLER


579 P.2d 883 (1978)

34 Or.App. 759

STATE of Oregon, Respondent, v. Donald MULLER, Appellant.

Court of Appeals of Oregon.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, filed the brief for appellant.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, filed the brief for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


TANZER, Judge.

Defendant appeals his conviction for driving while under the influence of intoxicants. Several policemen testified for the state as to the defendant's intoxicated condition. There was also a videotape showing his demeanor at the time of arrest. The defendant admitted having had seven beers in two taverns during the afternoon preceding the arrest and that he had refused the breathalyzer test. Defendant also stated that there was a man, apparently in...

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