State v. Brewer

POMEROY, Justice.

The admission into evidence of the result of a blood-alcohol test is claimed as reversible error in this appeal from a judgment entered on a jury verdict of guilty of the offense of attempting to operate a motor vehicle while under the influence of intoxicating liquor. 29 M.R.S.A. § 1312.

We sustain the appeal.

The State argues that the appellant has not preserved the point he makes on appeal.

An examination of the record reveals that a long discussion took place at sidebar, out of the hearing of the jury, concerning whether or not the result of the blood-alcohol test was…