Burp v. State

ROBERTSON, Judge.

James D. Burp appeals his conviction of operating a motor vehicle with a blood alcohol content by weight of .10 percent. Burp states the issue of this appeal to be whether the trial court erred in admitting into evidence, pursuant to the business record exception to the hearsay rule, medical records containing the results of a blood test performed on him during the early morning hours of May 25, 1991. However, Burp also challenges the sufficiency of the State's proof of the percent, by weight, of alcohol in his blood.

At the time the State sought admission of the results under…