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STATE v. CORMICAN

No. 43101.

195 N.W.2d 586 (1972)

STATE of Minnesota, Respondent, v. Lauverne Albert CORMICAN, Appellant.

Supreme Court of Minnesota.

March 10, 1972.

Attorney(s) appearing for the Case

Joseph T. Noah, Crookston, for appellant.

Warren Spannaus, Atty. Gen., Paul J. Tschida, Sp. Asst. Atty. Gen., St. Paul, Robert A. Peterson, County Atty., Crookston, John M. Roue, Asst. Co. Atty., Fosston, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and MASON, JJ.

OPINION

PER CURIAM.

Defendant appeals from a judgment of conviction for operating a motor vehicle while under the influence of an alcoholic beverage. Minn. St. § 169.121. We reverse.

On April 23, 1969, defendant was arrested for the misdemeanor stated above. Demand for change of venue from the justice of the peace to the Crookston municipal court was filed. Following a jurisdictional challenge in the municipal court and an evidentiary hearing...

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