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BOYER v. STATE

No. 5967; CA 14557.

603 P.2d 1228 (1979)

43 Or.App. 629

John Louis BOYER, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Herman W. Winter, Heppner, argued the cause for appellant. With him on the brief was Winter & Sweeney, Heppner.

Virginia L. Linder, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

In this post-conviction proceeding, the plaintiff appeals from a judgment denying him relief and dismissing his petition.

Plaintiff was arrested in August, 1977, and charged with driving under the influence of intoxicants. Pursuant to the citation, he appeared with counsel in a justice court and requested a jury trial. The justice of the peace informed him that a jury was not available under the law at that time; and plaintiff went...

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