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STATE v. KOOIMAN

No. 42809.

185 N.W.2d 534 (1971)

STATE of Minnesota, Respondent, v. Harvey L. KOOIMAN, Relator.

Supreme Court of Minnesota.

March 5, 1971.

Attorney(s) appearing for the Case

Smith, McRae & Hilligan, Bemidji, for relator.

Alfred C. Schmidt, Ninth Dist. Prosecutor, Bemidji, for respondent.

OPINION

ROGOSHESKE, Justice.

The determinative issue raised in this prohibition proceeding is whether, under the facts shown, Minn.St. 609.035 bars a prosecution of a pending charge of criminal negligence after petitioner has been convicted of drunkenness in violation of § 340.96 when proof that petitioner was under the influence of intoxicating liquor is an important part of the state's proposed case.

The facts are stipulated. On August 5,...

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