STATE v. COOLEY


457 A.2d 352 (1983)

STATE of Delaware, Plaintiff Below, Appellant/Cross-Appellee v. John A. COOLEY, Defendant Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: February 7, 1983.


Attorney(s) appearing for the Case

Ralph K. Durstein, III, Deputy Atty. Gen., Wilmington, for appellant/cross-appellee.

John E. Babiarz, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, for appellee/cross-appellant.

Before QUILLEN, HORSEY, and MOORE, JJ.


MOORE, Justice:

Pursuant to 10 Del.C. § 9902,1 the State appeals the pre-trial suppression of intoximeter test results which were to be used in the prosecution of John A. Cooley for criminally negligent homicide (11 Del.C. § 631). The State contends that even though Cooley's initial arrest for driving a vehicle under the influence of intoxicating liquor (21 Del.C.

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