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STATE v. ELIASON

No. C3-84-1295.

361 N.W.2d 103 (1985)

STATE of Minnesota, Respondent, v. Michael Carlton ELIASON, Appellant.

Court of Appeals of Minnesota.

January 22, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Lynch, Willmar, for respondent.

John D. Holbrook, Willmar, for appellant.

Considered and decided by POPOVICH, C.J., and RANDALL and CRIPPEN, JJ., with oral argument waived.

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

On December 10, 1983 about 1:00 a.m. a Kandiyohi County deputy sheriff observed an unattended automobile stuck in a ditch. Appellant Michael Eliason was observed walking approximately three-fourths of a mile from the vehicle. Upon questioning, appellant confirmed he was the operator of the vehicle. He initially said the car was ditched because he ran out of gas. Then he claimed he pushed the car in the...

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