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STATE v. GHYLIN

Cr. No. 567.

248 N.W.2d 825 (1976)

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

Supreme Court of North Dakota.

December 27, 1976.

Attorney(s) appearing for the Case

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

John M. Olson, State's Atty., Bismarck, for plaintiff-appellee.

PAULSON, Judge.

Gerald A. Ghylin was convicted of the crime of driving while under the influence of intoxicating liquor by the Burleigh County Court with Increased Jurisdiction on April 30, 1976, and he appeals.

One issue is raised on this appeal: Did the trial court err in admitting into evidence the results of the Breathalyzer test given to Ghylin?

Shortly after midnight on March 5, 1976, on Highway No. 10, east of Bismarck, Ghylin was arrested on...

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