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DAVIS v. STATE

No. 13972.

656 P.2d 855 (1983)

Ricky Eugene DAVIS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

January 20, 1983.

Attorney(s) appearing for the Case

Thomas E. Perkins, State Public Defender and Robert A. Bork, and Kenneth V. Ward, Deputy Public Defenders, Carson City, for appellant.

Brian McKay, Atty. Gen., and Dan R. Reaser, Deputy Atty. Gen., Carson City, Virginia R. Shane, Dist. Atty., and Jack T. Bullock, II, Deputy Dist. Atty., Winnemucca, for respondent.

OPINION

PER CURIAM:

Ricky Eugene Davis was convicted of driving under the influence of intoxicating liquor when death results. NRS 484.3795. He claims that the district court erred in admitting the results of a blood alcohol test because he was not under arrest at the time the blood sample was taken. We do not agree. Substantial evidence supports the determination that Davis expressly consented to the taking of...

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