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STATE v. ALLERY

Cr. Nos. 1056, 1057.

371 N.W.2d 133 (1985)

STATE of North Dakota, Plaintiff and Appellant, v. Eugene Louis ALLERY, Defendant and Appellee.

Supreme Court of North Dakota.

July 11, 1985.

Attorney(s) appearing for the Case

Lee A. Christofferson, State's Attorney, Rolla, for plaintiff and appellant State.

Swain Benson, Bottineau, for defendant and appellee.

VANDE WALLE, Justice.

The State appealed from an order of the district court, Rolette County, suppressing the results of a blood-alcohol test administered to Eugene Louis Allery, who was charged with driving while under the influence of alcohol and with negligent homicide. We reverse.

On March 26, 1984, Eugene Allery and a passenger were involved in a one-car accident on Highway No. 5 west of Belcourt, North Dakota. The vehicle Allery was

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