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STATE v. WISE

No. 77-5293; CA 11821.

594 P.2d 1313 (1979)

40 Or.App. 303

STATE of Oregon, Respondent, v. Tracy Steven WISE, Appellant.

Court of Appeals of Oregon.

Decided May 14, 1979.

Attorney(s) appearing for the Case

Marianne O. Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

Defendant was convicted by a jury for manslaughter in the second degree (ORS 163.125) and assault in the third degree (ORS 163.165). He contends that the trial court erred by (1) overruling his objection to certain testimony sought to be elicited from him on re-cross-examination, (2) refusing to give his requested jury instruction on the statutory presumption about the blood-alcohol level to establish intoxication and (3) sentencing him to pay costs...

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