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STATE v. KACALEK

580 P.2d 205 (1978)

34 Or.App. 967

STATE of Oregon, Respondent, v. Albert Anton KACALEK, Appellant.

Court of Appeals of Oregon.

Decided June 20, 1978.

Attorney(s) appearing for the Case

David A. Hilgemann, Salem, argued the cause for appellant. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction by a jury of driving under the influence of intoxicants, ORS 487.540. He contends his motion for acquittal should have been granted because the state failed to prove venue. His second contention is the results of the breathalyzer test should have been excluded because the operator did not examine the inside of defendant's mouth prior to administering the test.

Defendant was arrested in Hubbard, Oregon. The...

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