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STATE v. KIMBALL

Cr. No. 1014.

361 N.W.2d 601 (1985)

STATE of North Dakota, Plaintiff and Appellee, v. Jeffrey KIMBALL, Defendant and Appellant.

Supreme Court of North Dakota.

January 23, 1985.

Attorney(s) appearing for the Case

Lee A. Christofferson, State's Atty., Rolla, for plaintiff and appellee.

Benson Law Office, Bottineau, for defendant and appellant; argued by A. Swain Benson, Bottineau.

GIERKE, Justice.

This is an appeal from a verdict following a bench trial finding Jeffrey L. Kimball guilty of driving while intoxicated in violation of North Dakota Century Code § 39-08-01.

On 27 October 1983 Kimball, while driving on a public highway, was involved in a one-car accident. The accident occurred between 10:00 p.m. and 11:15 p.m. The precise time of the accident was not established.

A Bottineau County deputy sheriff happened upon...

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