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STATE v. KETCHERSID

No. 77-4789; CA 10420.

586 P.2d 119 (1978)

36 Or.App. 97

STATE of Oregon, Appellant, v. Virgil Valentine KETCHERSID, Respondent.

Court of Appeals of Oregon.

Decided November 6, 1978.

Attorney(s) appearing for the Case

Frederick A. Hugi, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Patricia Burnett, Certified Law Clerk, Salem, argued the cause for respondent. With her on the brief were Gary D. Babcock, Public Defender, and Thomas J. Crabtree, Deputy Public Defender, Salem.

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

GILLETTE, Judge.

The State appeals from an order entered after an omnibus hearing which held that blood samples taken from defendant and testimony relating to the testing of his blood for alcohol content were inadmissible. Defendant has yet to stand trial on the charge of Manslaughter In The Second Degree.1 The sole basis for the trial court's ruling was the failure of the State's criminalist to retain one of two graphs produced by the...

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