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STATE v. HOPKINS

No. 16431.

747 P.2d 88 (1987)

113 Idaho 679

STATE of Idaho, Plaintiff-Respondent, v. Kenneth A. HOPKINS, Defendant-Appellant.

Court of Appeals of Idaho.

December 15, 1987.

Attorney(s) appearing for the Case

Jess B. Hawley III, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

A jury convicted Kenneth Hopkins of driving under the influence. During the trial, Hopkins attempted to qualify a witness to testify as an expert regarding the Intoximeter 3000, a device used to analyze blood alcohol concentration by sampling a person's breath. The magistrate determined that the witness was not qualified to testify as an expert concerning this machine, but that he could testify as an expert on other matters. The district court affirmed...

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