State v. Miller

STRUTZ, Judge.

The defendant was charged with the crime of operating a motor vehicle on the public highways while under the influence of intoxicating liquor. He was found guilty by a jury in county court of Cass County, and takes this appeal from the verdict of the jury and from the judgment of conviction entered against him.

In support of his appeal, the defendant lists a number of assignments of error, most of these assignments being based on the admission into evidence of the result of a Breathalyzer test administered to the defendant by one of the highway patrolmen.

The facts out of which…