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STATE v. EVETTS

670 S.W.2d 640 (1984)

STATE of Tennessee, Appellant, v. Erroll S. EVETTS, Appellee.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied May 14, 1984.

Attorney(s) appearing for the Case

Dennis Tomlin, Nashville, for appellee.

William M. Leech, Jr., Atty. Gen. & Reporter, Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., James F. Walsh, Asst. Dist. Atty. Gen., Nashville, for appellant.

Permission to Appeal Denied by Supreme Court May 14, 1984.

OPINION

DWYER, Judge.

This is a T.R.A.P. 9 appeal by the State from the suppression order of the trial court holding that the defendant's arrest without probable cause for driving under the influence of an intoxicant prevents the State from introducing the results of a breath test.

The defendant was arrested on the late evening hours of January 15, 1983, when as the driver of his...

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