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MICHELSEN v. GILBERT

No. 3701.

449 P.2d 795 (1969)

A.H. MICHELSEN, Director, Motor Vehicle Division, State Department of Revenue, Appellant (Respondent below), v. Hugh Ross GILBERT, Appellee (Petitioner below).

Supreme Court of Wyoming.

January 31, 1969.

Attorney(s) appearing for the Case

James E. Barrett, Atty. Gen., Lawrence E. Johnson, Chief Sp. Asst. Atty. Gen., Cheyenne, for appellant.

William H. Jackson, of Jackson & Smith, Rock Springs, for appellee.

Before GRAY, C.J., and McINTYRE, PARKER and McEWAN, JJ.

Mr. Justice PARKER delivered the opinion of the court.

Hugh Ross Gilbert was charged under § 31-129, W.S. 1957, C. 1967, with being in actual physical control of a motor vehicle on December 22, 1967, while under the influence of intoxicating liquor to a degree which rendered him incapable of safely driving. After he had been formally charged and placed under appearance bond, he notified the justice of the peace that he desired to forfeit the bond, and pursuant...

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