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STATE v. COX

No. 17881.

836 S.W.2d 43 (1992)

STATE of Missouri, Plaintiff-Appellant, v. John M. COX, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

July 6, 1992.

Attorney(s) appearing for the Case

Kerry Rowden, Pros. Atty., Donna L. Holden, Asst. Pros. Atty., Tuscumbia, for plaintiff-appellant.

Mark A. Ludwig, Lana R. Woolsey, Carson & Coil, Jefferson City, for defendant-respondent.

SHRUM, Presiding Judge.

The state charged the defendant, John Cox, with involuntary manslaughter, in violation of § 565.024, RSMo 1986. The trial court sustained the defendant's pre-trial motion to suppress evidence that he refused to submit to a blood alcohol test. The state appeals; we affirm.1

FACTS

On October 19, 1990, on U.S. Highway 54 in Miller County, Missouri, a pick-up truck driven by the defendant collided...

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