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STATE v. SMITH

No. 38271-3-I.

929 P.2d 1191 (1997)

84 Wash.App. 813

The STATE of Washington, Appellant, v. Wilbur Lamar SMITH, Respondent.

Court of Appeals of Washington, Division 1.

January 27, 1997.

Attorney(s) appearing for the Case

Brenda Louise Bannon, King County Pros. Atty., Seattle, for Appellant.

Allen M. Ressler, Browne & Ressler, Seattle, for Respondent.

ELLINGTON, Judge.

The question we must resolve on discretionary review is whether evidence of blood alcohol is admissible in this prosecution for vehicular assault where the blood sample was taken at a hospital for purposes of treatment, rather than by police following an arrest. We hold the evidence is admissible.

Facts

Lamar Smith drank beer and whiskey with Chris Warren and Mike Frier at two different bars, then crashed his Oldsmobile Bravada...

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