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STATE v. ALBERS

Crim. No. 453.

211 N.W.2d 524 (1973)

STATE of North Dakota, Plaintiff and Appellee, v. Henry ALBERS, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 23, 1973.

Attorney(s) appearing for the Case

Thompson, Lundberg & Nodland, Bismarck, for defendant and appellant.

Allen I. Olson, Atty. Gen., and Thomas F. Kelsch, State's Atty., Bismarck, for plaintiff and appellee.

PAULSON, Judge.

On October 21, 1972, the defendant, Henry Albers [hereinafter Albers] was traveling east on Interstate Highway 94 between Bismarck and Sterling. Albers was observed by State Highway Patrolman Erwin Kobs, who was flying an airplane 700 feet above the road upon which Albers was driving. Patrolman Kobs timed Albers' car as it passed between markings on the highway, which markings are one mile apart. Patrolman...

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