Legal Opinion

State v. Batterman

South Dakota Supreme Court

Decided July 17, 1961No. File 9882PublishedCited by 25 opinions

1Opinion of the CourtSmith, P.J.

Defendant stands convicted of the offense of operating a motor vehicle under the influence of alcoholic liquor proscribed by SDC 1960 Supp. 44.9922. His appeal presents two propositipns which will receive separate statement and consideration.

The first contention, of defendant deals with a motion to suppress all evidence of a chemical test of the alcoholic content of his blood. Such a chemical test of the blood of defendant, withdrawn by a qualified doctor shortly after his arrest, revealed an alcoholic' content indicating defendant unquestionably was then under the influence of alcoholic…

2Cases cited4 opinions

  1. State v. BeckerSouth Dakota Supreme Court · 1892
  2. Elfring v. PatersonSouth Dakota Supreme Court · 1939
  3. People v. WardNew York Court of Appeals · 1954
  4. In Re Schneider's EstateSouth Dakota Supreme Court · 1948

3Cited by25 opinions

  1. Blow v. Commissioner of Motor VehiclesSouth Dakota Supreme Court · 1969
  2. State v. WetherellWashington Supreme Court · 1973
  3. Holland v. ParkerDistrict Court, D. South Dakota · 1973
  4. Beare v. SmithSouth Dakota Supreme Court · 1966
  5. State v. SprySouth Dakota Supreme Court · 1973

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