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STATE v. WHITNEY

Crim. No. 1118.

377 N.W.2d 132 (1985)

STATE of North Dakota, Plaintiff and Appellant, v. Paul WHITNEY, Defendant and Appellee.

Supreme Court of North Dakota.

November 21, 1985.

Attorney(s) appearing for the Case

James F. Twomey, Asst. State's Atty., Fargo, for plaintiff and appellant; argued by Gina Bonemeyer, Senior law student; appearance by James F. Twomey.

Jack R. Duis, Fargo, for defendant and appellee.

LEVINE, Justice.

The State appeals from an order of the Cass County Court suppressing the results of an Intoxilyzer test given to Paul Whitney. Because we hold the State's Dilger statement insufficient to confer jurisdiction, we dismiss the appeal.

Paul Whitney was charged with driving while intoxicated in violation of North Dakota Century Code § 39-08-01. Upon Whitney's motion, the Cass County court suppressed the results of his Intoxilyzer test...

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