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STATE v. MILLS

No. 169-74.

328 A.2d 410 (1974)

STATE of Vermont v. Douglas C. MILLS.

Supreme Court of Vermont, Chittenden.

November 14, 1974.

Attorney(s) appearing for the Case

Patrick J. Leahy, State's Atty., and Paul D. Jarvis, Deputy State's Atty., for the State.

Richard W. Darby, of Adams & Meaker, Waterbury, for defendant.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

KEYSER, Justice.

On May 9 and 10, 1974, Douglas C. Mills was tried for operating a motor vehicle with a blood alcohol content of .10 or above. At the close of the State's case, the defendant moved for a directed verdict of acquittal on the ground that the State had not proved that the chemical analysis of the breath sample had been performed according to methods approved by the State Department of Health. The court denied...

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