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STATE v. HIBBS

No. K29886; CA 15306.

605 P.2d 723 (1980)

44 Or.App. 179

STATE of Oregon, Respondent, v. Kathleen Lois HIBBS, Appellant.

Court of Appeals of Oregon.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Marshall L. Amiton, Portland, argued the cause and filed the brief for appellant.

Christian W. VanDyke, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

TANZER, Presiding Judge.

Defendant appeals from her conviction for driving under the influence of intoxicants. She assigns as error the denial of her motion for judgment of acquittal on the ground that the uniform traffic citation alleged the infraction to have occurred on June 5, 1979, whereas the proof was that it occurred on May 5, 1979.

ORS 484.150(3)(c), 484.160(2) and 484.170(2) require that the citation state the date and time of the offense. The date...

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