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STATE v. PETERSEN

522 P.2d 912 (1974)

STATE of Oregon, Respondent, v. Toby Edward PETERSEN, Appellant.

Court of Appeals of Oregon.

Decided May 28, 1974.

Rehearing Denied July 3, 1974.

Review Granted July 30, 1974.

Attorney(s) appearing for the Case

R. Ryan Lawrence, Portland, argued the cause for appellant. With him on the brief was Susak & Lawrence, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

Defendant was charged in a three-count indictment with manslaughter, ORS 163.125, hit and run, ORS 483.602(1) and (2), and failure of a witness to furnish name and address at scene of accident, ORS 483.602(3). He was convicted following a trial to the court on all three counts. The court concluded that the third count of the indictment merged with the second, and therefore ordered defendant discharged on the third count. Imposition of sentence was suspended...

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