State v. Grant

Defendant contends the trial court committed error in the charge in stating a stipulation entered into by the State and the defendant. On page fourteen of the record the stipulation is set out as follows;

*587“At this point it is stipulated that if Mr. Lutz were present in Court he would stipulate that he had administered a blood alcohol test on the defendant and that the test showed that the defendant had a content of point twenty-two {.22%) alcohol in his blood stream.”

The entire portion of the charge of the court excepted to reads, “However, it has been stipulated by his counsel that the result…