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State v. King

Citations

  • 852 P.2d 190
  • 316 Or. 437
  • 1993 Ore. LEXIS 74

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • interpreting Boots as holding that “[e]ach element of each crime must be proven to each juror beyond a reasonable doubt”
  • when this court interprets a statute, that interpretation becomes part of the statute as if written into it at the time of its enactment
  • “When [the Supreme Court] interprets a statute, the interpretation becomes a part of the statute, subject only to a revision by the legislature.”
  • DUII statute, ORS 813.010, is formatted in the disjunctive, permitting interpretation that enumerated variants either constitute separate crimes or are alternate theories of proving a single crime
  • court examined legislative history of DUII statute in order to confirm legislative intent on merger issue, because some ambiguity remained after consideration of statutory text and context
  • “The legislature did intend that a person could commit [the offense of DUII] by driving with the specified BAC but with no perceptible impairment or by driving with a legally permissible or unknown BAC but while nonetheless perceptibly impaired!.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson

Read full opinion on CourtListener

Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

16 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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