STATE v. SCHNEIDER

No. 46737.

249 N.W.2d 720 (1977)

STATE of Minnesota, Respondent, v. Maurice Donald SCHNEIDER, Appellant.

Supreme Court of Minnesota.

January 14, 1977.


Attorney(s) appearing for the Case

Robins, Davis & Lyons and James F. Dunn, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Atty. Gen., Craig H. Forsman, Spec. Asst. Atty. Gen., C. William Franke, City of Falcon Heights Atty., St. Paul, for respondent.

Considered and decided by the court without oral argument.


PER CURIAM.

This is an appeal by defendant from a judgment of conviction of driving while under the influence, Minn.St. 169.121. Defendant contends that he should receive a new trial because (1) the trial court abused its discretion in permitting the state's two witnesses, both peace officers, to express their opinions that defendant was under the influence, and (2) the prosecutor in his closing argument improperly alluded to defendant's failure to testify in his...

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