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STATE v. ANDREWS

No. 43787.

212 N.W.2d 863 (1973)

STATE of Minnesota, Respondent, v. Robert A. ANDREWS, Appellant.

Supreme Court of Minnesota.

Rehearing Denied December 21, 1973.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., William B. Randall, County Atty., Kenneth J. Fitzpatrick, City Atty., A. Keith Hanzel and Daniel L. Ficker, Asst. City Attys., St. Paul, for respondent.

Considered en banc without oral argument.

KELLY, Justice.

Defendant, convicted by a St. Paul municipal court jury of driving while under the influence of an alcoholic beverage, Minn. St. 169.121, appeals from judgment of conviction and from the order denying his motion for a new trial. We reverse and grant defendant a new trial on the ground that the trial court committed prejudicial error in admitting evidence that defendant had refused to submit to chemical testing...

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