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STATE v. KALOUSTIAN

Cr. No. 458.

212 N.W.2d 843 (1973)

STATE of North Dakota, Plaintiff and Appellee, v. Richard D. KALOUSTIAN, Defendant and Appellant.

Supreme Court of North Dakota.

December 4, 1973.

Attorney(s) appearing for the Case

Daniel E. Buchanan, Asst. State's Atty., Jamestown, for plaintiff and appellee State of North Dakota.

Bruce C. Britton, Jamestown, for defendant and appellant.

VOGEL, Judge.

This is an appeal from a conviction in the county court of increased jurisdiction of Stutsman County, North Dakota, on a charge of driving while under the influence of an intoxicating beverage, in violation of Section 39-08-01, N.D.C.C., which reads, in part, as follows:

"1. No person shall drive or be in actual physical control of any vehicle upon a highway in this state if: "a. . . . "b. He is under the influence of intoxicating...

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