State v. Wolf

Wolcott, J.:

The following question has been certified to us by the Superior Court for Kent County:

“Is evidence of the results of a blood test made from a blood sample taken from a person who is unconscious admissible under the State Constitution in a criminal proceeding against such person when the person’s unconsciousness is not the result of any action on the part of the authorities and when the blood sample is taken by a qualified physician employing acceptable medical procedures?”

The facts stated in the certification are that the defendant in the court below, who is charged with driving a…