State v. Schreckengost

In view of the nature of much of the argument advanced to this court, it is necessary to define the actual scope of the appeal herein. The trial court did not hold that Bule NBP 5-07,2 when applied to the facts of a particular case, was unreasonable or unlawful. Such a holding could, of course, be made only after an evidentiary hearing. While the trial court held Rule NRP 5-07 to be “void and of no effect,” it did so solely upon the basis that B. C. 1541.09 was unconstitutional and void; that “asa result” the rule “was void and of no effect.”

The record herein comprises only the affidavit, the…