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STATE v. CLARK

No. 77-00902; CA 9606.

583 P.2d 1142 (1978)

STATE of Oregon, Respondent, v. Chester CLARK, Appellant.

Court of Appeals of Oregon.

Decided August 22, 1978.

Attorney(s) appearing for the Case

James M. Gillis, Newport, argued the cause for appellant. With him on the brief was Litchfield, MacPherson & Carstens, Newport.

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 SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Defendant appeals from his conviction, after a jury trial of driving while under the influence of intoxicants. We affirm.

Defendant makes two assignments of error, both of which relate to the court's instructions to the jury.

First, defendant complains that the instructions twice mentioned that portion of ORS 487.5401 which forbids driving with a blood alcohol level of .10 percent or more, and thus unduly...

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