Smith v. Mott

100 So.2d 173 (1957)

Ruby SMITH, a widow, Appellant,

v.

Carl H. MOTT and Richard Earl Franks, Appellees.

Supreme Court of Florida.

December 4, 1957.

On Rehearing February 12, 1958.

Nichols, Gaither, Green, Frates & Beckham and Sam Daniels, Miami, for appellant.

Wicker & Smith, Miami, for appellees.

DREW, Justice.

The sole question presented here is whether a witness may lawfully testify concerning the result of a blood alcohol analysis which the witness did not himself perform, but which was made by the State health officer pursuant to law.

The question arises out of an action by a widow to recover for…