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STATE v. OSWALD

No. 11659.

241 N.W.2d 566 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. Jerauld Ray OSWALD, Defendant and Appellant.

Supreme Court of South Dakota.

April 29, 1976.

Attorney(s) appearing for the Case

James R. Haar, Goetz, Hirsch, Haar & Blackburn, Tripp, for defendant and appellant.

William J. Janklow, Atty. Gen., Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

WINANS, Justice.

Defendant Jerauld Ray Oswald was convicted in a jury trial of driving while under the influence of intoxicating liquor and has appealed to this Court, raising questions with regard to the trial court's refusal of two requested instructions and with regard to the admissibility of testimony concerning his exercise of a statutory right not to take a blood test. Because we find that a requested instruction was refused to the prejudice of Defendant and...

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