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STATE v. MARBLE

No. C1-86-344.

396 N.W.2d 708 (1986)

STATE of Minnesota, City of North Mankato, Respondent, v. Douglas Duaine MARBLE, Appellant.

Court of Appeals of Minnesota.

December 2, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Saint Paul, Norbert P. Smith, North Mankato City Atty., Mankato, for respondent.

Kevin O'Connor Green, Mankato, for appellant.

Heard, considered and decided by RANDALL, P.J., and FOLEY and HUSPENI, JJ.

MEMORANDUM OPINION

FOLEY, Judge.

Douglas Duaine Marble appeals from a February 19, 1986 judgment of conviction for driving while under the influence in violation of Minn.Stat. § 169.121, subd. 1(e) (Supp.1985), claiming that the statute is unconstitutionally overbroad and impermissibly shifts the burden of proof from the State to the defense.1 At oral argument, appellant acknowledged that an appeal previously filed with...

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