STATE v. DONAHUE


420 A.2d 936 (1980)

STATE of Maine v. Frank A. DONAHUE, Jr.

Supreme Judicial Court of Maine.

October 9, 1980.


Attorney(s) appearing for the Case

David W. Crook, Dist.Atty., J. Michael Talbot, (orally), Asst.Dist.Atty., Skowhegan, for plaintiff.

Paul K. Marshall, Kingfield, (orally), for defendant.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ.


McKUSICK, Chief Justice.

Defendant, Frank A. Donahue, Jr., appeals from his conviction in Superior Court (Somerset County), following a jury trial, for operating a motor vehicle under the influence of intoxicating liquor. 29 M.R. S.A. § 1312 (Supp.1980). The only issue we need to decide on this appeal is whether defendant's consent to a blood test provided for by section 1312 was obtained after a valid arrest. We deny the appeal.

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