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STATE v. STRINGER

No. 79-6-323; CA 16904.

618 P.2d 1309 (1980)

49 Or.App. 51

STATE of Oregon, Respondent, v. Ranford Owen STRINGER, Appellant.

Court of Appeals of Oregon.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Charles D. Colett, Oregon City, argued the cause for appellant. On the brief was Ronald D. Thom, Oregon City.

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and Karen H. Green, Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

On December 1, 1978, defendant struck and killed a pedestrian while driving his car. He was subsequently charged with manslaughter in the second degree (ORS 163.125(1)(a)) and was found guilty of the lesser included crime of criminally negligent homicide (ORS 163.145). On appeal, he alleges that the trial court erred: (1) by excluding testimony by an expert witness concerning the point of impact; and (2) by using a standard of reasonable care to instruct...

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