STATE v. BINKLEY

No. 55296.

201 N.W.2d 917 (1972)

STATE of Iowa, Appellee, v. Melvin John BINKLEY, Appellant.

Supreme Court of Iowa.

November 15, 1972.


Attorney(s) appearing for the Case

Gerald L. Shaffer, Fort Dodge, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Gary Grove, County Atty., Webster City, for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, REES and REYNOLDSON, JJ.


REYNOLDSON, Justice.

Defendant, appealing his conviction of operating a motor vehicle while under the influence of an intoxicating beverage, asserts trial court erred in admission of blood test evidence. Specifically, he asserts foundational proof required by § 321B.4, The Code, failed in three essential respects: (1) There was no written request by the patrolman for defendant's blood to be withdrawn; (2) it was not established the nurse who drew the blood was...

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