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STATE v. GIDEON

No. 15757.

766 S.W.2d 153 (1989)

STATE of Missouri, Respondent, v. Burmith Ray GIDEON, Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 3, 1989.

Attorney(s) appearing for the Case

Richard L. Anderson, Kimberling City, for appellant.

Mark Rundel, Pros. Atty. of Stone County, Galena, for respondent.

CROW, Presiding Judge.

Burmith Ray Gideon ("defendant"), tried by the court without a jury, was convicted of driving while intoxicated, § 577.010, RSMo 1986. Defendant appeals, briefing one assignment of error which states:

"The court erred to defendant's prejudice in admitting Exhibit `C' (the blood alcohol test report) in evidence, and in failing to sustain defendant's motion to suppress Exhibit `C' and the results of the blood alcohol test; because...

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