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STATE v. BERGER

Cr. No. 883.

329 N.W.2d 374 (1983)

The STATE of North Dakota, Plaintiff and Appellant, v. Bradley Allen BERGER, Defendant and Appellee.

Supreme Court of North Dakota.

January 27, 1983.

Attorney(s) appearing for the Case

Richard L. Schnell, State's Atty., Mandan, for plaintiff and appellant.

Joseph A. Vogel, Jr., Mandan, for defendant and appellee.

SAND, Justice.

The State of North Dakota, pursuant to North Dakota Century Code § 29-28-07(5),1 appealed from an order of the Morton County Court suppressing statements made by the defendant, Bradley Allen Berger (Berger).

Berger was charged with driving while under the influence of alcohol, a violation of NDCC § 39-08-01. Prior to trial, Berger moved to suppress statements made by him regarding who was driving a red...

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