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STATE v. NEWTON

TC M79-783; CA 16311 and SC 27149.

636 P.2d 393 (1981)

291 Or. 788

STATE of Oregon, Petitioner, v. Kenneth Ray NEWTON, Respondent.

Supreme Court of Oregon, In Banc.

Reargued July 1, 1981.

Decided October 27, 1981.

Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen.

Thomas C. Bernier, Asst. Public Defender, Roseburg, argued the cause and filed a brief for respondent.

TANZER, Justice.

In this prosecution for driving under the influence of intoxicants, ORS 487.540, the district court suppressed evidence of a breathalyzer test of the defendant's blood alcohol content and the state appealed. The Court of Appeals, 46 Or.App. 461, 611 P.2d 657, affirmed on the basis of our decision in State v. Scharf, 288 Or. 451, 605 P.2d 690

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