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STATE v. HUCK

No. 07820A; CA A50958.

785 P.2d 785 (1990)

100 Or.App. 193

STATE of Oregon, Respondent, v. Vince HUCK, Appellant.

Court of Appeals of Oregon.

Decided January 17, 1990.

Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010.1 He argues that the trial court erred in denying his motion for acquittal2 and in giving an instruction to the jury. We reverse and remand.

On June 11, 1988, at approximately 3:30 a.m., Deputy Sheriffs Poetter and Morrissey saw defendant and another person...

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