State v. Oswald

WINANS, Justice.

Defendant Jerauld Ray Oswald was convicted in a jury trial of driving while under the influence of intoxicating liquor and has appealed to this Court, raising questions with regard to the trial court’s refusal of two requested instructions and with regard to the admissibility of testimony concerning his exercise of a statutory right not to take a blood test. Because we find that a requested instruction was refused to the prejudice of Defendant and because we also find that the testimony in question was incorrectly allowed we reverse the lower court.

Appellant Oswald was…