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STATE v. GAWRYLUK

Crim. No. 994.

351 N.W.2d 94 (1984)

The STATE of North Dakota, Plaintiff and Appellant, v. James GAWRYLUK, Defendant and Appellee.

Supreme Court of North Dakota.

June 28, 1984.

Attorney(s) appearing for the Case

Jay V. Brovold, State's Atty., Medora, for plaintiff and appellant.

Ronald A. Reichert [argued] of Freed, Dynes, Reichert & Buresh, Dickinson, for defendant and appellee.

GIERKE, Justice.

This is an appeal by the State from an order entered in the Billings County Court granting the defendant's motion to suppress evidence of the result of a breathalyzer test. We dismiss the appeal.

The appellee, James Gawryluk, was charged with the offense of driving while under the influence of intoxicating liquor, in violation of § 39-08-01, of the North Dakota Century Code.1 Prior to trial, Gawryluk filed...

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