State v. Walther

SMITH, Chief Judge.

The state has appealed an order suppressing blood alcohol results in this prosecution against appellant for two counts of manslaughter. We reverse.

These facts were stipulated by the parties before the trial court: Appellant was involved in an automobile collision which resulted in the death of two people. Suffering from serious injuries, he was taken to the hospital where blood was drawn at the direction of the emergency room physician. Various medical tests were performed including a test to determine the alcohol content of appellant’s blood. The blood alcohol test was…