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STATE v. McCARTHY

No. 37,986.

259 Minn. 24 (1960)

104 N.W. (2d) 673

STATE v. JOHN ERNEST McCARTHY.

Supreme Court of Minnesota.

August 19, 1960.

Attorney(s) appearing for the Case

William T. Johnson, for appellant.

Walter F. Mondale, Attorney General, Henry H. Feikema, Special Assistant Attorney General, and John F. Thoreen, County Attorney, for respondent.

THOMAS GALLAGHER, JUSTICE.

Appeal from a judgment entered upon a jury's verdict, convicting defendant of driving an automobile while under the influence of an alcoholic beverage in violation of Minn. St. 169.121, subd. 1.

Defendant was arrested by a state highway officer in Washington County on May 18, 1959, shortly after midnight because of the speed at which he was driving, and the manner in which he drove over the centerline of the highway. After his arrest...

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