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BREITHAUPT v. ABRAM

No. 69.

352 U.S. 432 (1957)

BREITHAUPT v. ABRAM, WARDEN.

Supreme Court of United States.

Decided February 25, 1957.

Attorney(s) appearing for the Case

F. Gordon Shermack, acting under appointment by the Court, 352 U.S. 1032, argued the cause and filed a brief for petitioner.

Richard H. Robinson, Attorney General of New Mexico, and Walter R. Kegel, Assistant Attorney General, argued the cause for respondent. With him on the brief were Paul L. Billhymer, Assistant Attorney General, and Dean S. Zinn.

MR. JUSTICE CLARK delivered the opinion of the Court.

Petitioner, while driving a pickup truck on the highways of New Mexico, was involved in a collision with a passenger car. Three occupants of the car were killed and petitioner was seriously injured. A pint whiskey bottle, almost empty, was found in the glove compartment of the pickup truck. Petitioner was taken to a hospital and while he was lying unconscious in the emergency room the smell of liquor was detected...

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