Legal Opinion
Marcum v. Commonwealth
Court of Appeals of Kentucky (pre-1976)
Decided June 23, 1972PublishedCited by 12 opinions
1Opinion of the Court
STEINFELD, Chief Justice.
On the 29th day of December, 1970, appellant Hance Marcum was arrested and charged with operating a motor vehicle while under the influence of intoxicating beverages. KRS 189.520(2). Upon trial by jury, he was found guilty and fined $100. On this appeal he contends that the court erred in admitting in evidence the results of a breathalyzer test, that KRS 189.-520(4) (c) is unconstitutional, and that the court erred in instructing the jury. We reverse.
Before the trial began Marcum moved for a dismissal “ * * * on the basis that the breathalyzer is totally inadmissible…
2Cases cited34 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Leary v. United StatesSupreme Court of the United States · 1969
- Turner v. United StatesSupreme Court of the United States · 1970
- Tot v. United StatesSupreme Court of the United States · 1943
- United States v. GaineySupreme Court of the United States · 1965
29 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wells v. CommonwealthKentucky Supreme Court · 1978
- Commonwealth v. WirthKentucky Supreme Court · 1996
- State v. BallWest Virginia Supreme Court · 1980
- Owens v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1972
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1991
7 more not listed; retrieve them via the Exa API.