STATE v. COOK


9 S.W.3d 98 (1999)

STATE of Tennessee, Appellee, v. Willard C. COOK, Sr., Appellant.

Supreme Court of Tennessee, at Nashville.

December 20, 1999.


Attorney(s) appearing for the Case

Robert S. Peters, Swafford, Peters & Priest, Winchester, for the Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Peter M. Coughlan, Assistant Attorney General, Nashville, for the Appellee.


OPINION

ANDERSON, Chief Justice.

We granted this appeal to determine whether dentures constitute "foreign matter" requiring invalidation of a breath-alcohol test result and to consider whether the admission of a breath-alcohol test result must be challenged by a pretrial motion under Tenn. R.Crim. P. 12(b)(3) or whether an objection may be made at trial.

After a jury-out hearing, the trial court concluded that the presence of dentures did not preclude...

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