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STATE v. CHANEY

No. 12198.

261 N.W.2d 674 (1978)

STATE of South Dakota, Plaintiff and Appellant, v. Paul A. CHANEY, Defendant and Respondent.

Supreme Court of South Dakota.

Decided January 16, 1978.

Attorney(s) appearing for the Case

LeAnn Larson Finke, Asst. Atty. Gen., for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

William H. Coacher, State's Atty., Sturgis, for defendant and respondent.

DUNN, Chief Justice.

The state brings this intermediate appeal from an order suppressing blood test results entered by Judge Brandenburg of the Eighth Judicial Circuit. The sole issue is whether the chemical analysis of blood taken pursuant to SDCL 32-23-10 is admissible in a case where driving is not involved and the arrest is for actual physical control of a motor vehicle when the defendant has 0.10 percent or more by weight of alcohol in his blood. We reverse and...

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