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STATE v. CURTIS

CR98-0486-16; A106595.

47 P.3d 929 (2002)

182 Or. App. 166

STATE of Oregon, Respondent, v. James Dale CURTIS, Appellant.

Court of Appeals of Oregon.

Decided June 12, 2002.

Attorney(s) appearing for the Case

David E. Groom, Public Defender, argued the cause for appellant. With him on the brief was Cara Johns Smith, Certified Law Clerk.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael J. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. ORS 813.010. His principal assignment of error is that the trial court should not have given an instruction permitting the jury to find that he was under the influence of intoxicants, even though he had ingested a relatively small quantity of alcohol, because he was more susceptible to the intoxicating effects of alcohol due to his physical condition. We agree that...

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