State v. Janssen

UHLENHOPP, Justice,

This appeal involves several rulings of the trial court in the trial of defendant Marvin A. Janssen on an indictable misdemeanor charge.

The Cherokee County Attorney charged defendant with operating a motor vehicle while under the influence of an alcoholic beverage on February 19, 1975. Defendant pleaded not guilty. The testimony at trial of observations by witnesses abundantly established defendant’s intoxication. In addition, the State showed that a sample of defendant’s breath reflected a blood-alcohol equivalent of 130 milligram percent. A jury found defendant guilty and…