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STATE v. BURKHART

No. 84AP-88.

14 Ohio App. 3d 446 (1984)

THE STATE OF OHIO, APPELLANT, v. BURKHART, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided March 22, 1984.

Attorney(s) appearing for the Case

Mr. Gregory S. Lashutka, city attorney, Mr. Ronald J. O'Brien and Mr. David E. Tingley, for appellant.

Mr. Tom Conaty, for appellee.

MOYER, J.

Plaintiff, state of Ohio, has filed a motion for leave to appeal pursuant to R.C. 2945.67(A) and App. R. 5 from a judgment of the Municipal Court of Franklin County sustaining defendant's objection to the admission of testimony regarding an intoxilyzer breath test where the test was administered forty-three minutes after the alleged violation of operating a motor vehicle while intoxicated and entering a judgment of acquittal at the close of the state's stipulated...

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