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STATE v. HUMPHREY

No. 80-2075-CR.

107 Wis.2d 107 (1982)

318 N.W.2d 386

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

Supreme Court of Wisconsin.

Decided April 27, 1982.

Attorney(s) appearing for the Case

For the plaintiff-petitioner the cause was argued by Kirbie Knutson, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the defendant-appellant there was a brief and oral argument by David C. Niblack, state public defender.

Reversing 104 Wis.2d 97, 310 N.W.2d 641.

STEINMETZ, J.

The issue in this case is whether the state had a duty to produce the breathalyzer ampoule used in Scott L. Humphrey's test when only a general request for exculpatory evidence was made. The court of appeals held there was such a duty in State v. Humphrey, 104 Wis.2d 97,

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