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STATE v. MACHMULLER

No. 21596.

630 N.W.2d 495 (2001)

STATE of South Dakota, Plaintiff and Appellee, v. Brian Todd MACHMULLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 27, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, John M. Strohmann, Assistant Attorney General, Pierre, SD, for plaintiff and appellee.

John Harmelink, Yankton, SD, for defendant and appellant.

MILLER, Chief Justice.

[¶ 1.] In this appeal we hold that the magistrate court erred in excluding the South Dakota Driver's License Manual as evidence and in failing to allow a doctor to testify as an expert witness.

FACTS

[¶ 2.] Brian Machmuller was convicted by a magistrate court jury for second offense driving under the influence of alcohol (DUI). He appealed to the circuit court which affirmed the conviction. We reverse and remand....

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