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STATE v. BARUTT

No. 81-1020.

312 N.W.2d 667 (1981)

STATE of Minnesota, Appellant, v. Herman John BARUTT, Respondent.

Supreme Court of Minnesota.

December 1, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, John Riches II, County Atty., Brian J. Aslesen, Asst. County Atty., Benson, for appellant.

Richard H. Hilleren, Benson, for respondent.

Considered and decided by the court en banc without oral argument.

SHERAN, Chief Justice.

This is a pretrial state's appeal, pursuant to Minn.R.Crim.P. 29.03, subd. 1,1 from an order of the district court dismissing a prosecution of defendant for aggravated driving while under the influence (aggravated DWI), Minn.Stat. § 169.129 (1980). That statute makes it a gross misdemeanor for a person to operate a motor vehicle while under the influence of alcohol "before his driver's license . . . has been...

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