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STATE v. KUMMER

No. 53593.

741 S.W.2d 285 (1987)

STATE of Missouri, Plaintiff-Appellant, v. Scott KUMMER, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied December 22, 1987.

Attorney(s) appearing for the Case

Madeleine O'Dea Birmingham, Asst. Pros. Atty., Clayton, for plaintiff-appellant.

Daniel V. O'Brien, St. Louis, for defendant-respondent.

SIMEONE, Senior Judge.

This is an interlocutory appeal by the State of Missouri pursuant to § 547.200.1(2) R.S.Mo.1986 and Rule 30.02, V.A.M.R., from an order of the circuit court of St. Louis County, entered on August 3, 1987, which sustained defendant's motion to suppress the results of his blood alcohol test offered upon criminal charges of manslaughter and assault. The trial court sustained the motion upon the authority of State v. Peters, ...

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