STATE v. BENEPE


514 P.2d 556 (1973)

STATE of Oregon, Respondent, v. Wallace Lee BENEPE, Appellant.

Court of Appeals of Oregon.

Decided October 8, 1973.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before LANGTRY, P.J., and FORT and THORNTON, JJ.


FORT, Judge.

Defendant, indicted for manslaughter (ORS 163.125), was convicted by a jury of the lesser included crime of criminally negligent homicide (ORS 163.195). He appeals, assigning as sole error the denial of his motion to suppress evidence of statements made by him to a police officer and the results of a test of his blood obtained from him after the motor vehicle accident, out of which this prosecution arose.

The defendant claims the evidence in question...

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