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STATE v. MILLIGAN

TC CR 83-775; CA A36635; SC S33581; SC S33944.

748 P.2d 130 (1988)

304 Or. 659

STATE of Oregon, Respondent On Review, v. Lawrence Bradley MILLIGAN, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided January 6, 1988.

Attorney(s) appearing for the Case

John Henry Hingson, III, Oregon City, argued the cause and filed the petitions on behalf of the petitioner on review.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause on behalf of the respondent on review.

GILLETTE, Justice.

This is a prosecution for criminally negligent homicide. We are called upon to determine the admissibility of blood samples extracted from a person suspected of committing a criminal offense relating to the consumption of alcohol, when the officer who requests the samples has neither a warrant nor the suspect's consent. In this case, two samples were drawn at an officer's behest, approximately one hour apart, and tested for alcohol content. Defendant...

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