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STATE v. HEINTZ

TC 17-023; CA 8026; SC 25913.

594 P.2d 385 (1979)

286 Or. 239

STATE of Oregon, Respondent, v. Robert Bruce HEINTZ, Petitioner.

Supreme Court of Oregon, In Banc.

Decided May 1, 1979.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for petitioner. On the brief were Gary D. Babcock, Public Defender, Robert C. Cannon, Deputy Public Defender, and Mark E. Birge, Law Clerk, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James E. Redden, Atty. Gen., Al J. Laue, Sol. Gen. and Kent B. Thurber, Asst. Atty. Gen., Salem.

TONGUE, Justice.

Defendant was convicted of manslaughter in the second degree, ORS 163.125, after an automobile accident in Washington County in which the passenger of the car being driven by him was killed. The Court of Appeals affirmed the conviction. 34 Or.App. 175, 578 P.2d 447 (1978). In doing so it rejected defendant's contentions: (1) that the taking of a blood sample at a hospital without defendant's consent and not as an...

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