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STATE v. HENDERSON

Nos. M357822; CA A31477, M357823; CA A31478.

701 P.2d 482 (1985)

74 Or.App. 54

STATE of Oregon, Respondent, v. Timothy Alan HENDERSON, Appellant.

Court of Appeals of Oregon.

Decided June 5, 1985.

Attorney(s) appearing for the Case

Jan Peter Londahl, Portland, argued the cause for appellant. With him on the brief were Bennett, Londahl & McCandlish, Portland.

Linda DeVries, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Defendant appeals convictions, after a trial to a jury, for driving under the influence of intoxicants (DUII), ORS 487.540, and failure to perform the duties of a driver at the scene of an accident (hit and run). ORS 483.604(2). We affirm the DUII conviction and reverse the judgment for hit and run.

About midnight on June 27, 1983, Rupert Henry was at his home in Portland when he heard squealing tires and what sounded like a crash. He ran outside...

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