STATE v. KLOSE

Cr. No. 908.

334 N.W.2d 647 (1983)

STATE of North Dakota, Plaintiff and Appellant, v. David C. KLOSE, Defendant and Appellee.

Supreme Court of North Dakota.

May 12, 1983.


Attorney(s) appearing for the Case

James Twomey, Asst. State's Atty., Fargo, for plaintiff and appellant.

Richie & Sogard, Fargo, for defendant and appellee; argued by Michael Masuda, Fargo.


SAND, Justice.

The State appealed from an order dismissing a DUI charge against the defendant, David C. Klose.

Klose originally was charged with driving while under the influence of intoxicating liquor in violation of North Dakota Century Code § 39-08-01. Klose appeared for arraignment in county court and pleaded not guilty to the charge and requested a jury trial. The county court set bail and a date for jury selection. After numerous continuances and...

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