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STATE v. KNEPPER

No. M200431; CA A25872.

661 P.2d 560 (1983)

62 Or.App. 623

STATE of Oregon, Respondent, v. Scott L. KNEPPER, Appellant.

Court of Appeals of Oregon.

Decided April 13, 1983.

Attorney(s) appearing for the Case

Richard L. Weil, Portland, argued the cause for appellant. On the brief was Richard G. Dobbins, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause and filed a memorandum in lieu of a brief for respondent.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Defendant was convicted of driving while under the influence of intoxicants. ORS 487.540. He contends that it was error to permit the state's expert witness to disclose to the jury excludable evidence that formed the basis of the expert's opinion. OEC 703. He also assigns error to an instruction concerning blood-alcohol content, ORS 487.540(1)(a), and the state concedes that the instruction constituted error. We reverse.

A chemical test of defendant...

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