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STATE v. NESET

Cr. No. 470.

216 N.W.2d 285 (1974)

STATE of North Dakota, Plaintiff-Appellee, v. Roy C. NESET, Defendant-Appellant.

Supreme Court of North Dakota.

March 28, 1974.

Attorney(s) appearing for the Case

Gerald Rustad, Asst. State's Atty., Williston, for plaintiff-appellee.

Ella Van Berkom, Minot, for defendant-appellant.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment of conviction dated August 27, 1973, of the crime of driving a motor vehicle while under the influence of intoxicating liquor. The case was tried to the judge sitting without a jury in Williams County Court With Increased Jurisdiction.

The defendant-appellant, Roy C. Neset, was originally also charged with having an open bottle containing an alcoholic beverage in a motor vehicle, in violation of Section...

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