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STATE v. THOMAS

Crim. No. 870119.

420 N.W.2d 747 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. James Leigh THOMAS, Defendant and Appellant.

Supreme Court of North Dakota.

March 9, 1988.

Attorney(s) appearing for the Case

Ackre & Baer Chartered, Cando, for defendant and appellant; argued by Larry M. Baer.

J. Bruce Gibbens, Asst. State's Atty. (argued), Cando, for plaintiff and appellee. Appearance by Lisa Beckstrom Gibbens, State's Atty.

GIERKE, Justice.

This is an appeal by James Thomas (Thomas) from a conviction of being in physical control of a motor vehicle while under the influence of intoxicating liquor or with a breath alcohol content of 0.10% by weight or greater in violation of Section 39-08-01, N.D.C.C. Thomas also appeals from the trial court's order denying in part his pretrial motion to suppress evidence. We affirm.

On January 3, 1987, Thomas was at home nursing a sore throat...

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