Allen v. State

On July 1, 1986, a highly intoxicated Johnny C. Allen was driving his automobile at a high rate of speed when he crashed into the rear of the motorcycle driven by Carl Howard. Allen was convicted for the manslaughter of Mr. Howard and sentenced to life imprisonment as a habitual offender, fined $5,000, ordered to make restitution in the amount of $9,000, and further ordered to pay $1,000 to the victims' compensation fund. Three issues are raised on this appeal from that conviction.

I

The results of a test of a blood sample taken from the defendant at the hospital emergency room "for diagnostic…