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STATE v. LARSON

No. 92-197.

843 P.2d 777 (1992)

STATE of Montana, Plaintiff and Respondent, v. Myron Christian LARSON, Defendant and Appellant.

Supreme Court of Montana.

Decided December 15, 1992.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender Office, Helena, for defendant and appellant.

Marc Racicot, Atty. Gen., George Schunk, Asst. Atty. Gen., Mike McGrath, Lewis & Clark County Atty., Helena, for plaintiff and respondent.

McDONOUGH, Justice.

This is an appeal from a judgment of the First Judicial District Court, Lewis and Clark County, convicting Larson of negligent endangerment in violation of § 45-5-208, MCA. Affirmed.

The issues on appeal are:

1. Whether a trial judge may allow the prosecution to compare the blood alcohol level of a defendant in a non-DUI case with the blood alcohol level that the scientific community has determined will impair a person's ability...

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