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STATE v. SAUL

Cr. No. 880157.

434 N.W.2d 572 (1989)

STATE of North Dakota, Plaintiff and Appellee, v. Douglas Jay SAUL, Defendant and Appellant.

Supreme Court of North Dakota.

January 9, 1989.

Attorney(s) appearing for the Case

John Tainter Goff, Asst. State's Atty., Fargo, for plaintiff and appellee. Submitted on briefs.

William Kirschner, of William Kirschner & Associates, Fargo, for defendant and appellant.

VANDE WALLE, Justice.

Douglas Jay Saul appealed from a judgment of conviction entered upon a jury verdict finding him guilty of driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor in violation of Section 39-08-01, N.D.C.C., a class A misdemeanor. We reverse and remand.

Shortly after 1:00 a.m. on January 24, 1988, Deputy DeWayne Nitschke of the Cass County Sheriff's Office responded to a call that...

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