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STATE v. OLLILA

M 66722; CA A39864.

728 P.2d 900 (1986)

82 Or.App. 491

STATE of Oregon, Respondent, v. Randall Dean OLLILA, Appellant.

Court of Appeals of Oregon.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Steven L. Price, Hillsboro, argued the cause and filed the brief for appellant.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Nancy Diamond, Certified Law Clerk, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was convicted by a jury of driving while under the influence of intoxicants, ORS 813.010, and criminal mischief. ORS 164.354. He assigns as error the trial court's admission of an expert witness' response to a hypothetical question which assumed facts not in evidence and its refusal to grant a mistrial after the arresting police officer testified that defendant had informed him that he had a drinking...

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