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BATCHELOR v. STATE

No. 16-79-09630; CA 16672.

614 P.2d 1236 (1980)

47 Or.App. 697

Jack Roy BATCHELOR, Jr., Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon.

Decided August 11, 1980.

Attorney(s) appearing for the Case

David Leonard Bussman, Certified Law Student, Eugene, argued the cause for appellant. With him on brief were J. Pat Horton, Dist. Atty. and Ed Hagen, Asst. Dist. Atty., Eugene.

Scott M. Galenbeck, Springfield, argued the cause for respondent. With him on brief was Lively, Wiswall, Svoboda, Thorp & Dennett, Springfield.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

This is an appeal by the state, pursuant to ORS 138.650, from an order granting post-conviction relief from plaintiff's March 21, 1979, conviction on a charge of driving under the influence of intoxicants. Plaintiff's petition alleged a denial of due process under ORS 138.530(1)(a) in the refusal of the district court judge to admit results of a breathalyzer examination1 when the state was attempting to prove plaintiff...

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