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UNITED STATES v. DuBOIS

No. 80-1889.

645 F.2d 642 (1981)

UNITED STATES of America, Appellee, v. Sylvester Patrick DuBOIS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 9, 1981.

Rehearing and Rehearing Denied June 8, 1981.

Attorney(s) appearing for the Case

Mark V. Larson, Marilyn Page (law student), Grand Forks, N. D., for appellant.

Gary Annear, Asst. U. S. Atty., Fargo, N. D., for appellee.

Before LAY, Chief Judge, STEPHENSON and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 8, 1981.

LAY, Chief Judge.

The dispositive issue in this appeal is the sufficiency of the evidence to prove that the defendant was intoxicated when a motor vehicle that he was driving struck and killed a pedestrian. The defendant, Sylvester Patrick DuBois, a 40 year old Indian male, was convicted under 18 U.S.C. § 1153 for involuntary manslaughter.

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