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STATE v. FEARON

No. 41113.

166 N.W.2d 720 (1969)

STATE of Minnesota, Respondent, v. Bernard Charles FEARON, Appellant.

Supreme Court of Minnesota.

March 21, 1969.

Attorney(s) appearing for the Case

Weis, Frauenshuh & Narveson, Paynesville, Nord, Webster & Brennan, St. Paul, for appellant.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, Joseph P. Summers, City Atty., Daniel A. Klas, Asst. City Atty., St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, ROGOSHESKE, SHERAN, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

Appeal from a conviction in the municipal court of drunkenness under Minn.St. 340.96.

Defendant was observed in a drunken condition on the evening of April 7, 1967, in the city of St. Paul. He was arrested and subsequently tried for violating § 340.96, which provides:

"Every person who becomes intoxicated by voluntarily drinking intoxicating liquors is guilty of the crime of drunkenness, and...

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