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STATE v. BALL

No. 14074.

264 S.E.2d 844 (1980)

STATE of West Virginia v. Danny Lee BALL.

Supreme Court of Appeals of West Virginia.

April 1, 1980.

Attorney(s) appearing for the Case

Ward & Cline, John L. Ward and Michael R. Cline, Charleston, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Richard L. Earles, Asst. Atty. Gen., Charleston, for defendant in error.

NEELY, Chief Justice:

The appellant, Danny Lee Ball, was arrested on 25 July 1976 in front of the Cold City Carry-Out near Danville, West Virginia. The arresting officers testified that they had observed the appellant leave the Cold City Carry-Out, enter his pickup truck, start the truck, and pull it forward and backward several times, at which point they arrested him for drunk driving. It is undisputed that the appellant was arrested on a private parking lot. The...

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