City of Rogers v. Municipal Court

George Rose Smith, Justice.

Barry Pyeatt was charged in the Rogers municipal court with the offense of drunken driving. On motion the court directed the city to turn over to Pyeatt’s attorney, for additional testing, a perchlorate tube (with its contents) which the city police had used in making a blood-alcohol test to determine Pyeatt’s asserted intoxication. The city attorney, contending that the order was beyond the municipal court’s jurisdiction, sought a writ of prohibition in the circuit court. This appeal is from a denial of that writ.

The circuit court was right in refusing to…