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STATE v. HEBERLING

No. 4636.

553 P.2d 1043 (1976)

The STATE of Wyoming, Plaintiff, v. Dale Lee HEBERLING, Defendant.

Supreme Court of Wyoming.

September 3, 1976.

Attorney(s) appearing for the Case

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Frank R. Chapman, Legal Intern, Cheyenne, signed the brief on behalf of the plaintiff. Submitted on brief.

Richard S. Dumbrill, Jones & Dumbrill, Newcastle, signed the brief on behalf of the defendant. Submitted on brief.

Before McCLINTOCK, RAPER, THOMAS and ROSE, JJ., and ARMSTRONG, District Judge, Retired, assigned.

RAPER, Justice.

Upon application of the county and prosecuting attorney of Weston County, this court allowed the filing of a bill of exceptions1 to an order of the district court in an appeal setting aside a judgment and sentence of a justice of the peace on a conviction for driving a motor vehicle while under the influence of intoxicating liquor in violation of § 31-129, W.S. 1957, C. 1967. Sitting in an appellate role, the district...

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