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STATE v. HUMPHREY

No. 80-2075-CR.

104 Wis.2d 97 (1981)

310 N.W.2d 641

STATE of Wisconsin, Plaintiff-Respondent, v. Scott L. HUMPHREY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 12, 1981.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of David C. Niblack, state public defender, and Michael Yovovich, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Kirbie Knutson, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

Scott L. Humphrey was convicted of homicide by intoxicated use of a motor vehicle. At trial, the state introduced results of a breathalyzer examination administered to the defendant shortly after the accident. Humphrey objected to the admission of the test results because the state had not preserved the test ampoule. In motions after verdict, Humphrey renewed his objection and moved for a new trial, pursuant to Rule 809.30(1)(f), Stats., and this court's...

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