State v. Stover

The defendant was convicted of criminally negligent homicide in the circuit court for Umatilla County. The conviction was upheld by the Court of Appeals. We granted review.

On May 4, 1972, the defendant was involved in a one-car accident in which a child passenger was killed. The investigating officer saw empty beer cans in the car and suspected that the defendant was under the influence of intoxicating liquor. The defendant was taken to a hospital and while en route the officer radioed ahead and requested the hospital take a sample of the defendant’s blood. At the hospital the sample was…