State v. Holzschuh

REINHARD, Judge.

The state has filed an interlocutory appeal from a trial court’s ruling denying the admission of breathalyzer results into evidence. Defendant has filed a motion to dismiss the appeal. We find that defendant’s motion has merit and dismiss the appeal.

Defendant was charged with driving while intoxicated. On March 7, 1984, the jury was impaneled and trial commenced. The state presented the testimony of a Pacific police officer and a Missouri State Highway patrolman, Corporal D.W. Storie. Storie testified he administered a breathalyzer test to the defendant. Thereafter, the court…