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PEOPLE v. BARTON

Docket No. 4634.

261 Cal.App.2d 561 (1968)

68 Cal. Rptr. 157

THE PEOPLE, Plaintiff and Respondent, v. ERNEST ALLEN BARTON, Defendant and Appellant.

Court of Appeals of California, Third District.

April 25, 1968.

Attorney(s) appearing for the Case

Donald Fillman, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Daniel J. Kremer and James T. McNally, Deputy Attorneys General, for Plaintiff and Respondent.

FRIEDMAN, J.

Defendant had been a passenger in an automobile which struck another car. A state highway patrolman found him seated in the vehicle, exhibiting signs of intoxication. After administering roadside sobriety tests, the officer placed him under arrest1 and took him to a public emergency hospital with a view toward additional intoxication tests, including a blood alcohol analysis. In the hospital a struggle broke out between defendant...

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