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STATE v. HELMER

No. 12578.

278 N.W.2d 808 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Jeffrey Rand HELMER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 17, 1979.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

William H. Coacher, Sturgis, for defendant and appellant.

MORGAN, Justice.

Appellant was arrested on July 30, 1977, and took a breathalyzer test with results showing 0.19% alcohol in his blood. He was subsequently arraigned on a charge of driving while there was 0.10% or more by weight of alcohol in his blood, and convicted after jury trial in the Circuit Court for the Eighth Judicial Circuit, Butte County, South Dakota.

On appeal, appellant asserts pretrial error in the failure of the trial court to suppress the...

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