State v. Huck

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He argues that the trial court erred in denying his motion for acquittal 2 and in giving an instruction to the jury. We reverse and remand.

On June 11,1988, at approximately 3:30 a.m., Deputy Sheriffs Poetter and Morrissey saw defendant and another person, Southworth, standing on the side of a road. Defendant was attempting to start a motorcycle. Poetter asked defendant if he had been operating the motorcycle. Defendant said “yes” and that he had lost control and had had an accident. Poetter noticed…