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STATE v. BARTUNEK

No. 13598.

323 N.W.2d 121 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. David Mike BARTUNEK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 18, 1982.

Attorney(s) appearing for the Case

Richard Dale, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Douglas J. Luebke of Horstman, Braley & Luebke, Corsica, for defendant and appellant.

HENDERSON, Justice.

ACTION

This is an appeal from a judgment of conviction finding David Mike Bartunek, appellant, guilty of driving while under the influence of alcohol. SDCL 32-23-1. We affirm.

FACTS

After receiving a phone call from a citizen at midnight on January 12, 1981, to the effect that a motor vehicle accident had occurred south of Stickney, South Dakota, Deputy Sheriff Dwight DeBoer proceeded to the accident scene. Deputy DeBoer...

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