No. 2 CA-CR 2043.

130 Ariz. 280 (1981)

635 P.2d 873

The STATE of Arizona, Appellant, v. Thomas Dale COLLINS, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 4, 1981.

Review Denied October 6, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Jessica Gifford and Jack Roberts, Asst. Attys. Gen., Phoenix, for appellant.

Donald C. Premeau, Globe, for appellee.


HATHAWAY, Chief Judge.

Did the trial court abuse its discretion in granting defendant's motion for a new trial on the ground of jury misconduct? That is the sole question on appeal.

Collins was charged with driving while intoxicated, with a prior D.W.I. conviction within the preceding 24 months, and was found guilty by a jury. Prior to trial, the court ruled that the state could not introduce into evidence breathalyzer test results, as required...

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