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STATE v. KISSE

Crim. No. 983.

351 N.W.2d 97 (1984)

STATE of North Dakota, Plaintiff and Appellant, v. James Daniel KISSE, Defendant and Appellee.

Supreme Court of North Dakota.

June 28, 1984.

Attorney(s) appearing for the Case

Tom M. Henning, Asst. State's Atty., Dickinson, for plaintiff and appellant State of N.D.

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

VANDE WALLE, Justice.

The State appealed from an order of the county court, Stark County, suppressing the results of a Breathalyzer test given to James Kisse, who was charged with driving while under the influence of intoxicating liquor. We dismiss the appeal.

On August 27, 1983, at about 1:15 a.m., Kisse was driving in the eastbound lane of a highway. Officer Eldred Frederikson of the Dunn County sheriff's office, who was traveling in the westbound lane,...

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