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STATE v. BYSTROM

No. 40644.

156 N.W.2d 234 (1968)

STATE of Minnesota, Respondent, v. Lyden Richard BYSTROM, Appellant.

Supreme Court of Minnesota.

February 2, 1968.

Attorney(s) appearing for the Case

Kelly, Lee & Odell, Excelsior, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, Carl F. Dever, Village Atty., Spencer G. Kluegel, Asst. Village Atty., Minnetonka, for respondent.

OPINION

FRANK T. GALLAGHER, Justice.

This is an appeal from a judgment of the Municipal Court of Hennepin County. Defendant was convicted of driving while under the influence of alcohol. The evidence against him was the testimony from two officers that from his appearance, actions, and the smell of alcohol on his breath they thought that he was drunk. Defendant claims that he had only had three drinks through the evening involved and that if he appeared...

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