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STATE v. LADWIG

No. 16039.

434 N.W.2d 594 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Milo LADWIG, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 11, 1989.

Attorney(s) appearing for the Case

R. Shawn Tornow Asst. Atty. Gen. Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

John D. Knight of Turbak Law Office, Watertown, for defendant and appellant.

MILLER, Justice.

Appellant Milo Ladwig (Ladwig) appeals his conviction of driving with 0.10 percent or more of alcohol in his blood, arguing that the trial court erred in (1) failing to dismiss the charges against him at the conclusion of State's evidence and (2) refusing certain proposed jury instructions. Because State failed to introduce any evidence of Ladwig's blood alcohol content at the time he was operating his vehicle, we reverse.

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