State v. Johnson

Defendant appeals from his conviction of negligent homicide. He raises nine assignments of error.

Defendant first assigns as error the trial court’s denial of his demurrer to Counts I and II of the indictment.① He contends that the allegation contained *357in specification (1) of both. Count I and Count II that defendant was driving “while under the influence of intoxicating liquor, and while in a tired and sleepy condition” was confusing and misleading and that, therefore, the indictment did not comply with ORS 132.520(2) and 132.540(1) (f), both of which have been *358superseded by the present ORS…