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STATE v. FAHEY

No. 12343.

275 N.W.2d 870 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. James A. FAHEY, Defendant and Appellant.

Supreme Court of South Dakota.

March 1, 1979.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

William J. Srstka, Jr., of Duncan, Olinger, Srstka, Maher & Lovald, Pierre, for defendant and appellant.

PER CURIAM.

This is a DWI case. It is before us on appeal regarding the propriety of the circuit judge receiving into evidence the results of James Fahey's breathalyzer test. The blood alcohol was 0.22%. The trial court denied a motion to suppress. We are convinced that Fahey's contention that the trial court erred is without merit.

Fahey consented to a breathalyzer test after his arrest for DWI on May 5, 1977. Two preliminary hearings were held herein. The...

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