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STATE v. FALK

Cr. No. 880133CA.

434 N.W.2d 364 (1989)

STATE of North Dakota, Plaintiff and Appellee, v. Gary Steven FALK, Defendant and Appellant.

Court of Appeals of North Dakota.

January 17, 1989.

Attorney(s) appearing for the Case

Gerald S. Paulson (argued), Asst. States Atty., Jamestown, for plaintiff and appellee.

William A. Mackenzie (argued), Jamestown, for defendant and appellant.

WILLIAM F. HODNY, District Judge.

Gary Steven Falk appeals from a judgment of conviction for driving while under the influence of intoxicating liquor in violation of Section 39-08-01(1), N.D.C.C.1 He asserts that the trial court erred in admitting into evidence the results of an Intoxilyzer test given more than four hours after he was driving and that there was insufficient evidence to support...

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