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STATE v. LARSON

Cr. No. 784.

313 N.W.2d 750 (1981)

STATE of North Dakota, Plaintiff, v. Gerald LARSON, Defendant.

Supreme Court of North Dakota.

December 22, 1981.

Attorney(s) appearing for the Case

Lewis C. Jorgenson, State's Atty., Devils Lake, for plaintiff.

Haugland & Heustis, Devils Lake, for defendant.

ERICKSTAD, Chief Justice.

Upon joint application by the State and the defendant, Gerald Larson, the Ramsey County Court with Increased Jurisdiction, pursuant to Chapter 32-24, N.D.C.C., certified to this Court the following two questions of law for determination:

"1. Is the State of North Dakota required to make a sample of the defendant's breath taken at the time of the breathalyzer examination available to the defendant for independent testing?

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