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STATE v. WALTER

No. C40111; CA 10573.

584 P.2d 356 (1978)

36 Or.App. 303

STATE of Oregon, Respondent, v. James Bernard WALTER, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1978.

Attorney(s) appearing for the Case

Kirk Carpenter, Portland, argued the cause for appellant. On the brief was Donald D. Nash, Portland.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

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

ROBERTS, Judge.

Defendant appeals his conviction of speed racing in violation of ORS 487.515(3) and (4).1 The issue raised is whether the proper burden of proof is a preponderance of the evidence2 which the trial court applied, or, as defendant asserts, the burden of proof must be beyond a reasonable doubt.

Defendant relies on Brown v. Multnomah County Dist...

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