STATE v. BRYAN

No. 10065.

16 Utah 2d 47 (1964)

395 P.2d 539

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. JAMES EDWARD BRYAN, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

September 22, 1964.


Attorney(s) appearing for the Case

Phil L. Hansen, Salt Lake City, for appellant.

A. Pratt Kesler, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., Salt Lake City, for respondent.


CROCKETT, Justice.

Defendant appeals from his conviction of the crime of automobile homicide. Section 76-30-7.4, U.C.A. 1953. He contends that the trial court erred in admitting unlawfully obtained evidence, the results of a blood-alcohol test in that: (1) He was not lawfully under arrest at the time the test was administered; and (2) he gave no voluntary consent to the test, violating his rights under the Fourth and Fourteenth Amendments to the United States Constitution...

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