State v. Chestnut

SORENSEN, District Judge:

The defendants appeal separately from a conviction for robbery. The appeals are here consolidated.

The facts are not in dispute. In the late evening of October 8, 1965, two highway patrolmen, upon clocking an automobile driven by the defendant Chestnut, in which the defendant Newton was a passenger, at more than 80 miles per hour in a 70-mile-per-hour speed zone, stopped the automobile for speeding. The officers after observing the smell of liquor gave the defendant Chestnut a “field test” to determine whether he was under the influence of intoxicating liquor. After…