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STATE v. HARRIS

No. 83-022.

472 A.2d 755 (1984)

STATE of Vermont v. Donald M. HARRIS.

Supreme Court of Vermont.

January 20, 1984.

Attorney(s) appearing for the Case

Susan L. Fowler, Chittenden County Chief Deputy State's Atty., Burlington, for plaintiff-appellee.

David A. Nicholson, South Burlington, for defendant-appellant.

Before HILL, UNDERWOOD, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

Defendant appeals his jury conviction of driving while under the influence (DUI) on the ground that the State failed to lay a proper foundation for the admission of the blood alcohol test of .165 per cent when it did not call as an expert witness the doctor who had drawn the blood sample. At the close of the State's case the defendant moved that the blood test be ruled inadmissible for two reasons: (1) the doctor did not testify as to the manner...

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