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STATE v. TJADEN

No. 255.

69 N.W.2d 272 (1955)

STATE of North Dakota, Respondent, v. Lester TJADEN, Appellant.

Supreme Court of North Dakota.

March 7, 1955.

Attorney(s) appearing for the Case

Hyland, Foster & Conmy, Bismarck, for appellant.

E. T. Christianson, Atty. Gen., T. H. H. Thoresen, Asst. Atty. Gen., Norman B. Jenson, State's Atty., Bismarck, for respondent.

GRIMSON, Judge.

On the evening of October 3, 1952, three carloads of people from Mandan, members of the Salvation Army, attended a meeting at Minot, North Dakota. After the meeting they left Minot about 10:30 P.M., and proceeded south towards Bismarck on U. S. Highway No. 83. When about a mile and a half north of Bismarck one of the cars, driven by John L. Phillips, became low on gasoline. At that time his was the middle...

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