DUNN, Chief Justice.
This is an appeal from a conviction in the Circuit Court of the Second Judicial Circuit of being in "control of [a] vehicle while * * * [t]here is 0.10 per cent or more by weight of alcohol in his blood." SDCL 32-23-1(1). There was no transcript ordered, and the sole grounds for this appeal is the constitutionality of the statute which permits the prosecutor to proceed under subsection (1) set out above or subsection (2) of SDCL 32-23-1 which...
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