State v. Blaine

427 N.W.2d 113 (1988)

STATE of South Dakota, Plaintiff and Appellee,

v.

Earlwin J. BLAINE, Defendant and Appellant.

No. 15679.

Supreme Court of South Dakota.

Considered on Briefs November 20, 1987.

Decided July 20, 1988.

Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

James W. Olson, Armour, for defendant and appellant.

SABERS, Justice (on reassignment).

Defendant appeals conviction for driving with .10 percent or more alcohol in his blood. We reverse and remand for new trial based on prosecutorial misconduct.

Facts

Earlwin Blaine…