STATE v. SWANSON


578 P.2d 411 (1978)

34 Or.App. 59

STATE of Oregon, Respondent, v. Christopher Wallace SWANSON, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 20, 1978.


Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause and filed the brief for appellant.

Donald L. Paillette, 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.


SCHWAB, Chief Judge.

Defendant was convicted of driving under the influence of intoxicants and third degree escape. He contends — correctly, we hold — that there is insufficient evidence to support the escape conviction.

At the scene of a traffic stop, defendant was doing poorly on some field sobriety tests. The officer on the scene said something to the effect of "You are drunk." Defendant turned and ran away.

There are several relevant...

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