CITY OF FARGO v. THEUSCH

Cr. No. 900142.

462 N.W.2d 162 (1990)

CITY OF FARGO, Plaintiff and Appellee, v. Richard Steven THEUSCH, Defendant and Appellant.

Supreme Court of North Dakota.

October 31, 1990.


Attorney(s) appearing for the Case

Erik R. Johnson (argued), City Prosecutor, Fargo, for plaintiff and appellee.

Michael C. O'Neel (argued), Fargo, for defendant and appellant.


GIERKE, Justice.

Richard Theusch appeals from a judgment of conviction finding him guilty of being in actual physical control of a vehicle while under the influence of alcohol. We affirm.

On the evening of October 21, 1989, an employee of Hardee's Restaurant called the Fargo Police Department to report that a vehicle was blocking traffic in the back parking lot and that someone was passed out or sleeping in the vehicle. Two police officers responded to the...

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