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STATE v. FUCHS

Crim. No. 472.

219 N.W.2d 842 (1974)

The STATE of North Dakota, Plaintiff/Appellee, v. John FUCHS, Defendant/Appellant.

Supreme Court of North Dakota.

June 28, 1974.

Attorney(s) appearing for the Case

Christensen, Christensen & Baer, Bismarck, for defendant/appellant.

Lester J. Schirado, State's Atty., Mandan, for plaintiff/appellee.

KNUDSON, Judge.

This is an appeal from a verdict of a jury finding the defendant guilty of driving a vehicle upon a highway while under the influence of intoxicating liquor, in violation of § 39-08-01, North Dakota Century Code. The defendant (hereinafter Fuchs) appealed from the jury verdict.

Fuchs raised three issues:

I. That the verdict is not supported by the evidence, specifically that the State did not prove that the defendant was (a) driving...

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