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CITY OF SIOUX FALLS v. KOHLER

No. 9944.

118 N.W.2d 14 (1962)

CITY OF SIOUX FALLS, A Municipal Corporation, Plaintiff and Respondent, v. Harold Jerome KOHLER, Defendant and Appellant.

Supreme Court of South Dakota.

November 20, 1962.

Attorney(s) appearing for the Case

T. R. Johnson, Sioux Falls, for defendant and appellant.

Robert S. Golden, City Atty., John E. Burke, Deputy City Atty., Paul E. Mundt, Asst. City Atty., Sioux Falls, for plaintiff and respondent.

HANSON, Judge.

This is an appeal by defendant from a conviction in the Municipal Court of Sioux Falls for driving a motor vehicle while under the influence of intoxicating liquor contrary to an ordinance of said city.

On February 8, 1961 defendant collided with a parked car on Main Avenue in the City of Sioux Falls. Following the collision defendant was taken to the Police Station where he voluntarily consented to take an Intoximeter test. The test was administered...

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