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STATE v. HAGGE

Cr. No. 452.

211 N.W.2d 395 (1973)

STATE of North Dakota, Plaintiff and Appellant, v. Marvin HAGGE, Defendant and Appellee.

Supreme Court of North Dakota.

October 1, 1973.

Attorney(s) appearing for the Case

Richard B. Thomas, State's Atty., Minot, for plaintiff and appellant.

Bosard, McCutcheon, Kerian, Schmidt & Holum, Minot, for defendant and appellee.

VOGEL, Judge.

The sole issue in this case is the constitutionality of Section 39-09-01, North Dakota Century Code, which read as follows at the time of the alleged offense:

"Any person driving a vehicle upon a highway shall drive the same in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing, and shall give such warnings as are reasonably necessary for safe operation under the...

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