STATE v. HAWK

No. 77-14759-T; CA 11043.

589 P.2d 1136 (1979)

38 Or.App. 117

STATE of Oregon, Respondent, v. William Earl HAWK, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1979.


Attorney(s) appearing for the Case

William Earl Hawk, pro se.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Allison E. Smith, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


THORNTON, Judge.

Defendant was convicted of the statutory infraction Driving Under the Influence of Intoxicants, ORS 487.540.

He sets forth 17 assignments of error. Two of the alleged errors involve jury instructions.

Defendant requested the following instruction:

"If you find that, as a matter of fact, the arresting officer did not have probable cause, for making the arrest of the defendant then the arrest was unlawful and you may not consider...

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