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STATE v. BLAINE

No. 15679.

427 N.W.2d 113 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Earlwin J. BLAINE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 20, 1988.

Attorney(s) appearing for the Case

Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

James W. Olson, Armour, for defendant and appellant.

SABERS, Justice (on reassignment).

Defendant appeals conviction for driving with .10 percent or more alcohol in his blood. We reverse and remand for new trial based on prosecutorial misconduct.

Facts

Earlwin Blaine (Blaine) was stopped on the evening of April 2, 1986, by Police Chief Luke of Avon, South Dakota. Chief Luke had observed a car veer across the center line of old highway 50 in Avon and then weave back onto the grass on the right...

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