STATE v. BIRNEY

No. 10649.

176 N.W.2d 475 (1970)

STATE of South Dakota, Plaintiff-Respondent, v. Dale E. BIRNEY, Defendant-Appellant.

Supreme Court of South Dakota.

April 14, 1970.


Attorney(s) appearing for the Case

Glenn E. Fisher, Webster, for defendant-appellant.

Gordon Mydland, Atty. Gen., R. James Zieser, Asst. Atty. Gen., Pierre, for plaintiff-respondent.


RENTTO, Judge.

The information filed against the defendant was in two parts. In the first he was charged with operating a motor vehicle upon a public highway while under the influence of alcoholic liquor. The second alleged that he had previously been convicted three times of the same offense. On arraignment on the charge alleged in the first part he was advised of the other part, after which he entered a plea of not guilty of the crime charged. After a two-day trial...

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