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STATE v. MUNSEY

127 A.2d 79 (1956)

STATE of Maine v. Lester G. MUNSEY.

Supreme Judicial Court of Maine.

November 5, 1956.

Attorney(s) appearing for the Case

George M. Carleton, Bath, for plaintiff.

Harold J. Rubin, Bath, for defendant.

Before FELLOWS, C. J., WILLIAMSON, WEBBER, BELIVEAU and TAPLEY, JJ., and MURRAY, Active Retired Justice.

WEBBER, Justice.

The respondent here was charged with operation of a motor vehicle while under the influence of intoxicating liquor. A jury heard the evidence and adjudged the respondent guilty. During the course of his charge to the jury the presiding justice gave the following instruction:

"Now collaterally there has been comment in this case relative to the presence or absence or the circumstances involved as regards a blood test, and I want to disabuse...

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