STATE v. FONDER

No. 13627.

323 N.W.2d 131 (1982)

STATE of South Dakota, Appellant, v. James FONDER, Appellee.

Supreme Court of South Dakota.

Decided August 18, 1982.


Attorney(s) appearing for the Case

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Thomas M. Tobin of Maynes, Tonner, Maynes & Tobin, Aberdeen, for appellee.


PER CURIAM.

This is an intermediate appeal by the State from a magistrate's order granting defendant's motion to suppress the results of a blood-alcohol test. SDCL 23A-32-5(1). We reverse and remand.

At approximately 3:00 a. m. on August 1, 1981, Trooper Don Bender was called to an accident scene north of Ipswich. In the ditch was a vehicle that had rolled over and was heavily damaged. Trooper Bender observed defendant behind the wheel of the vehicle. In a...

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