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STATE v. SHIPTON

Cr. No. 925.

339 N.W.2d 87 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Dennis SHIPTON, Defendant and Appellant.

Supreme Court of North Dakota.

As Amended October 31, 1983.

Attorney(s) appearing for the Case

John E. Greenwood, Asst. State's Atty., Jamestown, for plaintiff and appellee.

Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, for defendant and appellant; argued by Cecelia Ann Wikenheiser, Jamestown.

PEDERSON, Justice.

After a bench trial Shipton was convicted of driving while under the influence of intoxicating liquor, in violation of § 39-08-01, NDCC. On appeal, he argues that the court committed reversible error in denying his motion to compel discovery of the arresting officer's report and in denying his motion for judgment of acquittal on the ground of insufficient evidence. We do not agree and, accordingly, affirm the conviction.

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