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STATE v. GHYLIN

Cr. No. 477.

222 N.W.2d 864 (1974)

STATE of North Dakota, Plaintiff and Appellee, v. Gerald A. GHYLIN, Defendant and Appellant.

Supreme Court of North Dakota.

October 10, 1974.

Attorney(s) appearing for the Case

Thomas F. Kelsch, State's Atty., and Dennis A. Schneider, Asst. State's Atty., Burleigh County, for plaintiff and appellee.

Daniel J. Chapman, Bismarck, for defendant and appellant.

VOGEL, Judge.

The defendant was convicted of a violation of Section 39-08-01, North Dakota Century Code, prohibiting the driving of a vehicle while the driver is under the influence of intoxicating liquor.

The defendant was arrested on April 24, 1973, about eight miles north of Bismarck on Highway 83 by an officer manning a radar speed check. The officer followed the defendant about a mile and saw his car go onto the shoulder of the paved road on two occasions...

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