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CITY OF SIOUX FALLS v. BOHNER

No. 10942.

199 N.W.2d 499 (1972)

CITY OF SIOUX FALLS, Plaintiff and Respondent, v. Kenneth BOHNER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 13, 1972.

Attorney(s) appearing for the Case

Roger Schiager, City Atty., Paul E. Mundt, Asst. City Atty., Sioux Falls, for plaintiff and respondent.

Steve Jorgensen, of Willy, Pruitt & Matthews, Sioux Falls, for defendant and appellant.

BIEGELMEIER, Judge.

Defendant was charged in municipal court with violating an ordinance of the City of Sioux Falls which prohibits the driving of a motor vehicle while under the influence of intoxicating liquor, to which charge he entered a plea of not guilty. The proceeding was tried by the judge of the municipal court who found defendant guilty. He appeals from the sentence, part of which was suspended.

Defendant's first claim is that he was unlawfully...

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