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COXE v. STATE

281 A.2d 606 (1971)

Charles F. COXE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

August 27, 1971.

Attorney(s) appearing for the Case

Harold Leshem, of Booker, Leshem, Green, Shaffer, Berl & Wise, Wilmington, for defendant below, appellant.

Peter M. Sieglaff, Deputy Atty. Gen., for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice.

This appeal of Charles F. Coxe from his conviction in Superior Court of driving a motor vehicle while under the influence of alcohol challenges the constitutionality of 21 Del.C. § 4176(a), which the appellant alleges provides for a "conclusive presumption of guilt based upon a chemical reading."

The statute, 21 Del.C. § 4176(a), as amended June 20, 1970, after setting forth the penalty for...

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