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STATE v. DEWEY

No. 48105.

272 N.W.2d 355 (1978)

STATE of Minnesota, Respondent, v. Donald Harry DEWEY, Appellant.

Supreme Court of Minnesota.

December 8, 1978.

Attorney(s) appearing for the Case

Weber & Benton, Grand Rapids, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard G. Evans, Sp. Asst. Atty. Gen., St. Paul, Helen Hill Blanz, County Atty., Grand Rapids, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is a prosecution under Minn.St. 609.21 for criminal negligence causing a head-on automobile accident resulting in death. The district court has certified two questions to this court for pretrial decision pursuant to Rule 29.02, subd. 4, Rules of Criminal Procedure. The first question relates to the admissibility of test results of a blood sample taken from defendant without his consent when he was in the hospital and showing that his blood alcohol...

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