STATE v. MARTIN

21258

275 S.C. 141 (1980)

268 S.E.2d 105

The STATE, Appellant, v. John William MARTIN, Respondent.

Supreme Court of South Carolina.

July 2, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbes and State Atty. Lindy Pike Funkhouser, Columbia, and Sol. Dudley Saleeby, Jr., Florence, for appellant.

Steve Wukela, Jr., Florence, for respondent.


July 2, 1980.

LEWIS, Chief Justice:

After the trial and conviction of respondent for operating a motor vehicle while under the influence of intoxicants, the trial judge granted respondent's motion for a new trial upon the ground that he erred in admitting into evidence testimony concerning the results of a breathalyzer test conducted subsequent to a warrantless arrest. The State has appealed.

The basic issues...

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