STATE v. WILSON

No. 3474.

582 P.2d 826 (1978)

STATE of New Mexico, Plaintiff-Appellant, v. Kenneth W. WILSON, Defendant-Appellee.

Court of Appeals of New Mexico.

July 25, 1978.


Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Lawrence A. Gamble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Brian M. Gross, Albuquerque, for defendant-appellee.


OPINION

HENDLEY, Judge.

Defendant was arrested and charged with homicide by vehicle while under the influence of intoxicating liquor contrary to § 64-22-1, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 2, 1972). He was taken from the scene of the automobile accident to the Bernalillo County Medical Center by a State Police officer. Defendant refused to consent to a blood sample being taken and the officer directed the technician to obtain a blood sample.

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