State v. Werling

Miller, J.—

I. Defendant, in appealing from his conviction of driving a motor vehicle while intoxicated, by his first assignment of error challenges the competency of a sample of his blood, identified as Exhibit No. 1 and used as a basis for analysis to determine whether or not he was intoxicated. The contentions are (a) that it was not properly identified and (b) that it was procured by duress. We find no merit in either contention.

Defendant was arrested by Andre F. Carstensen, a member of the highway patrol, who testified that when the defendant was in jail he asked him to submit to a blood…