STATE v. OYEN

No. 12635.

286 N.W.2d 317 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Raymond Charles OYEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 19, 1979.


Attorney(s) appearing for the Case

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

T. R. Pardy, of Mumford, Protsch, Sage & Pardy, Howard, for defendant and appellant.


FOSHEIM, Justice.

The defendant was convicted of driving a motor vehicle while there was 0.10% or more by weight of alcohol in his blood. A motion for arrest of judgment and acquittal was denied. The judgment and sentence were stayed pending appeal. We reverse.

On the night of November 27, 1976, defendant and Donald Sabers were involved in an accident in a pickup truck owned by the defendant. Highway Patrolman James Walton arrived at the scene of the accident...

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