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STATE v. WALZ

No. 11314.

218 N.W.2d 480 (1974)

STATE of South Dakota, Plaintiff and Respondent, v. Walter F. WALZ, Defendant and Appellant.

Supreme Court of South Dakota.

May 28, 1974.

Attorney(s) appearing for the Case

Jay Tapken, Olivet, for defendant and appellant.

Kermit A. Sande, Atty. Gen., by Walt Andre, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

WINANS, Justice.

The defendant, Walter Walz, was tried before a jury in the District County Court of Yankton County and found guilty of driving a motor vehicle while under the influence of intoxicating liquor. He appeals, contending that the lower court erred in refusing to suppress as evidence the results of a chemical analysis of his blood.

On December 23, 1972, the defendant was observed by a state highway patrolman driving in an erratic manner on a country...

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