State v. Landry

McKUSICK, Chief Justice.

Following trial before a jury in the Superior Court (Somerset County), defendant William Landry was convicted of operating a motor vehicle under the influence of intoxicating liquor, 29 M.R.S.A. § 1312(10) (Supp.1980), and of operating beyond license restriction, 29 M.R.S.A. § 530(1)(B) (Supp.1980). On his appeal Landry attacks both convictions, claiming that (1) the Superior Court should have granted his motion to dismiss the first charge because the police unjustifiably refused his request for a blood test; and (2) the evidence was insufficient to support a…