STATE v. SMITH

No. ED 82604.

134 S.W.3d 35 (2003)

STATE of Missouri, Plaintiff/Appellant, v. Carol Sue SMITH, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied September 15, 2003.

Case Transferred October 28, 2004.

Case Retransferred May 25, 2004.

Original Opinion Reinstated June 7, 2004.


Attorney(s) appearing for the Case

H. Morley Swingle, Pros. Attorney, John N. Koester, Jr., Asst. Pros. Attorney, Cape Girardeau County, MO, for appellant.

Stephen C. Wilson, Cape Girardeau, MO, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 15, 2003.

Case Transferred to Supreme Court October 28, 2004.

Case Retransferred to Court of Appeals May 25, 2004.

KATHIANNE KNAUP CRANE, Judge.

The state appeals, pursuant to Section 547.200 RSMo (2000), from the order of the circuit court suppressing the results of a blood alcohol test administered pursuant to a search warrant obtained and executed after defendant refused...

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