COFFROTH, P.J., November 2, 1976.
This opinion accompanies our decision of October 18, 1976, finding defendant not guilty in his nonjury trial for operating under the influence.
The issue in the case is the admissibility of the breathalyzer test result (.16); without that proof, the evidence as a whole was equivocal and did not establish beyond a reasonable doubt that defendant was under the influence. Therefore, exclusion from evidence of the test...
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