STATE v. WERLINGER

No. 10576.

170 N.W.2d 470 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Joseph Casmer WERLINGER, Defendant and Appellant.

Supreme Court of South Dakota.

September 10, 1969.


Attorney(s) appearing for the Case

Thomas R. Vickerman, Asst. Atty. Gen., Pierre, argued the cause for plaintiff and respondent. Gordon Mydland, Atty. Gen., was on the brief.

Wm. E. Anderson, Belle Fourche, argued the cause for defendant and appellant.


BIEGELMEIER, Presiding Judge.

Defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor and appeals from his sentence which imposed a fine of $200 and suspended his driver's license for 30 days.

After midnight defendant and his wife were occupants of an automobile involved in a one-car accident which occurred outside the city of Deadwood and as a result both received some injuries. Officers of the Deadwood police...

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