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STATE v. GIBFORD

No. 807; CA 12271.

594 P.2d 858 (1979)

40 Or.App. 77

STATE of Oregon, Appellant, v. Bland Cecil GIBFORD, Respondent.

Court of Appeals of Oregon.

Decided May 7, 1979.

Attorney(s) appearing for the Case

James D. Huffman, Deputy Dist. Atty., St. Helens, argued the cause and filed the brief for appellant.

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

Defendant was arrested for driving under the influence of intoxicants. ORS 487.540. A breathalyzer test was administered. The blood alcohol reading was .11 percent. The state appeals an order suppressing the results of the test. The trial court suppressed on the ground that the test ampule was effectively destroyed by the administering police officer in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194...

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