State v. Gideon

CROW, Presiding Judge.

Burmith Ray Gideon (“defendant”), tried by the court without a jury, was convicted of driving while intoxicated, § 577.010, RSMo 1986. Defendant appeals, briefing one assignment of error which states:

“The court erred to defendant’s prejudice in admitting Exhibit ‘C’ (the blood alcohol test report) in evidence, and in failing to sustain defendant’s motion to suppress Exhibit ‘C’ and the results of the blood alcohol test; because the State produced no evidence the chemical reagent test ampoule used in conducting the test had been manufactured by a manufacturer listed as an…