LAUDERDALE v. STATE

No. 2761.

548 P.2d 376 (1976)

Lloyd LAUDERDALE, Petitioner, v. STATE of Alaska, Respondent. Donald James WARE, Petitioner, v. CITY OF ANCHORAGE, State of Alaska, et al., Respondent. Doris F. SEAY, Petitioner, v. STATE of Alaska, Respondent. Rocko B. FORDHAM, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

March 30, 1976.


Attorney(s) appearing for the Case

Suzanne C. Pestinger, Robert John Brady and Hugh G. Wade, Anchorage, for petitioners.

Ivan Lawner, Asst. Dist. Atty., Anchorage, Joseph D. Balfe, Richard Garnett, III, Anchorage, and Avrum M. Gross, Juneau, for respondents.

Suzanne C. Pestinger, Birch, Jermain Horton & Bittner. Anchorage, for petitioner Lauderdale.

Robert John Brady and Hugh G. Wade, Anchorage, for petitioners Ware, Seay and Fordham.

Ivan Lawner, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for respondent State of Alaska.

Richard Garnett, III, City Atty., for respondent City of Anchorage.

Before BOOCHEVER, C.J., and CONNOR, ERWIN and BURKE, JJ., and DIMOND, J. Pro Tem.


OPINION

DIMOND, Justice Pro Tem.

Lloyd Lauderdale has been charged with the offense of operating a motor vehicle while intoxicated. He submitted to a breathalyzer test in accordance with AS 28.35.031.1 After entering a not guilty plea, Lauderdale filed a motion for discovery and inspection of the ampoule used in the breathalyzer test. The ampoule was not produced by the state. The district court ordered the results of the breathalyzer...

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