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STATE v. HERSHEY

No. 83-573.

348 N.W.2d 1 (1984)

STATE of Iowa, Appellee, v. Victor Lewis HERSHEY, Appellant.

Supreme Court of Iowa.

May 16, 1984.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and Patrick R. Grady, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen., and Jim P. Robbins, County Atty., for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN and LARSON, JJ.

McCORMICK, Justice.

This appeal presents two evidentiary issues arising from the prosecution of a charge of operating a motor vehicle while intoxicated (OWI), second offense, in violation of Iowa Code section 321.281 (1981). Defendant Victor Lewis Hershey contends the court erred in overruling his foundational challenge to breath test results and his best evidence challenge to admissibility of a carbon copy of an implied...

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