People v. Wheatley

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

The issue in this appeal by the prosecution is whether the trial court erred in sustaining an objection to the testimony of a qualified witness concerning the results of an examination of blood alcohol content, where the blood samples were taken from defendant without his consent. The State’s Attorney moved to terminate trial for purposes of appeal upon such ruling under Supreme Court Rule 604(a)(1). Such motion was allowed.

Defendant was involved in a collision on January 31, 1970. While the “traffic ticket” charging violation of…