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STATE v. MURPHY

953 S.W.2d 200 (1997)

STATE of Tennessee, Appellant, v. Cora MURPHY, Appellee.

Supreme Court of Tennessee, at Nashville.

October 13, 1997.

Attorney(s) appearing for the Case

Jefferson T. Dorsey, Assistant Public Defender, Nashville, for Appellee.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, William David Bridgers, Assistant Attorney General, Victor S. Johnson, III, District Attorney General, James D. Sledge, Assistant District Attorney, Nashville, for Appellant.

OPINION

BIRCH, Justice.

The Court of Criminal Appeals reversed the judgment of the trial court that convicted Cora Murphy, the defendant, of driving while under the influence of an intoxicant1 and remanded the case for a new trial. We consider now the appeal of the State of Tennessee,2 and we must determine whether testimony concerning an Horizontal Gaze Nystagmus ("HGN") sobriety test constitutes...

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