State v. Fischer

Kuns, Retired District Judge.

On May 1, 1974, an automobile driven by the appellant, Fischer, collided with a motorcycle operated by the decedent, Thomas, at the intersection of 38th and Hamilton Streets, Omaha, Nebraska. Thomas received injuries causing his death. Appellant was charged with felony motor vehicle homicide. At trial, the jury returned a verdict of guilty. Appellant was sentenced to imprisonment.

Appellant assigns errors, as follows: (1) That the foundation for the admission of evidence of the blood alcohol test was insufficient because there was no probable cause for the arrest…