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STATE v. HEPPER

Cr. No. 810.

316 N.W.2d 338 (1982)

STATE of North Dakota, Plaintiff and Appellee, v. Rudy Richard HEPPER, Defendant and Appellant.

Supreme Court of North Dakota.

February 24, 1982.

Attorney(s) appearing for the Case

Rodney K. Feldner, Asst. State's Atty., Mandan, for plaintiff and appellee.

Lester J. Schirado, Mandan, for defendant and appellant.

SAND, Justice.

This is an appeal by the defendant, Rudy Richard Hepper, Jr. [Hepper], from a jury verdict of guilty for driving while under the influence of intoxicating liquor.

On 22 April 1981, at approximately 10:20 p. m., Morton County Deputy Joe Ellefson observed Hepper operating a motor vehicle while traveling south of Mandan, North Dakota, on Highway No. 1806. Ellefson testified that he observed Hepper driving at inconsistent speeds ranging from 30...

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