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STATE v. GHYLIN

Crim. No. 568.

250 N.W.2d 252 (1977)

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

Supreme Court of North Dakota.

January 27, 1977.

Attorney(s) appearing for the Case

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

John M. Olson, State's Atty., and Rolf P. Sletten, Asst. State's Atty., Bismarck, for plaintiff and appellee; argued by Rolf Sletten.

PEDERSON, Justice.

This is an appeal by the defendant, Gerald A. Ghylin, from his conviction by the Burleigh County Court With Increased Jurisdiction of the crime of being in "actual physical control" of a vehicle upon a highway while under the influence of intoxicating liquor, in violation of § 39-08-01, NDCC. In this proceeding, Ghylin contends that (1) he was not in "actual physical control" of the vehicle, and (2) he was not "upon a highway" at the time of...

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