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STATE v. BATTERMAN

No. 9882.

110 N.W.2d 139 (1961)

STATE of South Dakota, Plaintiff and Respondent, v. Helmuth BATTERMAN, Defendant and Appellant.

Supreme Court of South Dakota.

July 17, 1961.

Attorney(s) appearing for the Case

George W. Wuest of Danforth, Bleeker & Carlson, Mitchell, for defendant and appellant.

A. C. Miller, Atty. Gen., Gerald L. Reade, Asst. Atty. Gen., for plaintiff and respondent.

SMITH, Presiding Judge.

Defendant stands convicted of the offense of operating a motor vehicle under the influence of alcoholic liquor proscribed by SDC 1960 Supp. 44.9922. His appeal presents two propositions which will receive separate statement and consideration.

The first contention of defendant deals with a motion to suppress all evidence of a chemical test of the alcoholic content of his blood. Such a chemical test of the blood of defendant, withdrawn...

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