STATE v. SALHUS

Crim. No. 467.

220 N.W.2d 852 (1974)

STATE of North Dakota, Plaintiff and Appellee, v. Raymond SALHUS, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 26, 1974.


Attorney(s) appearing for the Case

Thomas F. Kelsch, State's Atty. for Burleigh County, Bismarck, for plaintiff and appellee.

Lundberg & Nodland, Bismarck, for defendant and appellant.


VOGEL, Judge.

Defendant appeals from a conviction in the Burleigh County court of increased jurisdiction for driving a motor vehicle while under the influence of an intoxicating beverage.

The facts are as follows:

—At about 12:20 a. m. on April 27, 1973, defendant's pickup truck was stopped by Officer Schultz of the North Dakota Highway Patrol because the truck had no functioning tail lights.

—When the defendant got out of his...

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