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BERTOMEU v. STATE

310 A.2d 865 (1973)

Alfred C. BERTOMEU, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

September 7, 1973.

Attorney(s) appearing for the Case

Stephen P. Casarino, of Tybout, Redfearn & Schnee, Wilmington, for defendant below, appellant.

William E. Wright, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

HERRMANN, C. J., CAREY, J., and BROWN, Vice-Chancellor, sitting.

CAREY, Justice:

This is an appeal by Alfred C. Bertomeu, who was convicted in the Court of Common Pleas for driving under the influence of intoxicating liquor. Appellant sought to exclude from evidence the results of a blood alcohol test performed on him on August 3, 1972. The Court of Common Pleas denied the motion to suppress, and the Superior Court affirmed that decision. We believe the evidence should have been suppressed.

The facts are briefly as follows...

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