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STATE v. CLARK

TC 77-00902; CA 9606; SC 25853.

593 P.2d 123 (1979)

286 Or. 33

STATE of Oregon, Respondent, v. Chester CLARK, Petitioner.

Supreme Court of Oregon, In Banc.

Decided April 3, 1979.

Attorney(s) appearing for the Case

J. Michael Alexander, of Brown, Burt & Swanson, P.C., Salem, argued the cause and filed the brief for petitioner.

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

TONGUE, Justice.

Defendant was convicted of driving while under the influence of intoxicants (ORS 487.540) after a jury trial in which the state offered in evidence the results of a "Breathalyzer" test which showed that defendant's blood had an alcohol content of .13 percent. Both parties also offered testimony relating to the defendant's observable symptoms of alcoholic impairment.1

The jury, during the course of its deliberations...

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