test four hours later, but defendant denied drinking after accident
How later courts described this case
- test four hours later, but defendant denied drinking after accident
Written by the judges who cited it.
The opinion
Deen, Judge,
concurring in the judgment only. For over *805 four hours between the time of the collision and the time of the blood test the whereabouts of this defendant were unknown. Therefore, to allow in evidence the result of an alcohol blood test made some four and a half hours after the defendant had ceased driving for the purpose of proving that he was intoxicated while driving (the gravamen of the offense of involuntary manslaughter in the commission of an unlawful act) is to allow circumstantial evidence of no probative value, since it was equally possible for the defendant to have drunk the whiskey after as before the wreck.