State v. Fleming

Defendant was convicted by a jury of operating a motor vehicle while under the. influence of alcoholic liquor. He has perfected an appeal to this court, setting out six assignments of error. We sustain the first assignment of error, and deem it unnecessary to consider the others.

The first assignment of error is as follows: “The Court erred in overruling Defendant’s motion for mistrial made during testimony of Officer Jerry L. Thomas.”

After the defendant’s arrest, he was transported to a hospital for the purpose of drawing blood for a blood test. The objection is directed at an alleged…