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STATE v. TORREY

574 P.2d 1138 (1978)

32 Or.App. 439

STATE of Oregon, Respondent, v. William David TORREY, Appellant.

Court of Appeals of Oregon.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Gary K. Jensen, P.C., Eugene, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before TANZER, P.J., and JOHNSON and ROBERTS, JJ.

JOHNSON, Judge.

Defendant appeals his conviction following a jury trial for the crime of driving while under the influence of intoxicants, ORS 487.540, which provides:

"(1) A person commits the offense of driving while under the influence of intoxicants if he drives a vehicle while: "(a) He has .10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, urine...

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