[Download] "State v. Engesser" by the Supreme Court of the State of South Dakota * Book PDF Kindle ePub Free
eBook details
- Title: State v. Engesser
- Author : the Supreme Court of the State of South Dakota
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Argued on October 8, 2002 Reassigned January 10, 2003 [1.] Defendant was tried by a jury and convicted of vehicular homicide and two counts of vehicular battery. He was sentenced to prison. He appeals asserting that the trial court erred in (1) denying the suppression of his blood draw result; (2) allowing a police officer to testify whether he thought defendant was untruthful during an interview; (3) refusing hearsay evidence; and (4) failing to instruct the jury on spoliation. We affirm on all issues. [2.] In the early evening of July 30, 2000, the defendant, Oakley B. Engesser, and Dorothy Finley were at the Full Throttle Saloon, near Sturgis, South Dakota. Roanna Clifford visited with Finley for approximately 30 to 45 minutes. She did not see Finley drink any alcoholic beverage, but noticed that Engesser was drinking beer. Through the course of the conversation, Finley said that she and Engesser had her red Corvette. Although she did not see Engesser and Finley leave the Full Throttle, Clifford estimates that they left at approximately 6:00 p.m.
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