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STATE v. DEVEREAUX

531 P.2d 749 (1975)

STATE of Oregon, Respondent, v. Donald Leroy DEVEREAUX, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1975.

Attorney(s) appearing for the Case

John M. Biggs, Eugene, argued the cause for appellant. With him on the brief were Allen & Biggs, Eugene.

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 FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

Defendant was charged with criminally negligent homicide, ORS 163.145, by the following indictment:

"* * * "The said DONALD LEROY DEVEREAUX on or about the 21st day of July, 1973, in the county aforesaid, being the driver of a motor vehicle traveling southbound on Marcola Road, a public highway in Lane County, while being under the influence of intoxicating liquor, did then and there...

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