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STATE v. DAX

No. 42740.

188 N.W.2d 422 (1971)

STATE of Minnesota, Respondent, v. John E. DAX, Appellant.

Supreme Court of Minnesota.

June 18, 1971.

Attorney(s) appearing for the Case

Schiefelbein & Greenberg, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Stidd, City Atty., James H. Peterson, Asst. City Atty., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, KELLY, and ROLLOFF, JJ.

OPINION

PER CURIAM.

Defendant was convicted by a Hennepin County Municipal Court jury of driving while under the influence of an alcoholic beverage in violation of Minneapolis Code of Ordinances, § 403.030. On this appeal, he contends that the offense charged was not committed in the presence of the arresting officer and therefore, under Minn. St. 629.34(1), his arrest without a warrant was illegal, nullifying the court's jurisdiction and his conviction...

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