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STATE v. BRENNAN

No. 9584.

13 Utah 2d 195 (1962)

371 P.2d 27

STATE OF UTAH, PLAINTIFF AND APPELLANT, v. LEONARD BRENNAN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

May 3, 1962.

Attorney(s) appearing for the Case

A. Pratt Kesler, Atty. Gen., amicus curiae, Ronald L. Boyce, Asst. Atty. Gen., Salt Lake City, L. Roland Anderson, Dist. Atty., Calvin Gould, Asst. Dist. Atty., Ogden, for appellant.

Richard W. Campbell, Ogden, for respondent.

CROCKETT, Justice.

The state appeals from an order of dismissal at the conclusion of the state's case in a prosecution for violating Section 41-6-44 U.C.A. 1953.1

The parts of the statute material here are:

"(a) It is unlawful and punishable as provided in subdivision (d) of this section for any person * * * under the influence of intoxicating liquor * * * to drive * * * any vehicle within this state.

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