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STATE v. PICARD

No. DUC 75 (Citation No. 1517) CA 10804.

587 P.2d 514 (1978)

37 Or.App. 483

STATE of Oregon, Appellant, v. Francis William Jesse PICARD, Respondent.

Court of Appeals of Oregon.

Decided December 11, 1978.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Thomas E. Sweeney, Cannon Beach, argued the cause and filed brief, for respondent.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

The state appeals from the granting of a motion to quash and the dismissal of a charge of driving while under the influence of intoxicants (DUII).

Defendant was charged with the traffic crime of DUII, a Class A misdemeanor, under ORS 484.365.1 Defendant demurred to the complaint because it failed to state the prior offense. The demurrer was allowed with leave to refile the complaint. The new complaint was served...

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