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CITY OF MINOT v. RUBBELKE

Cr. No. 890294.

456 N.W.2d 511 (1990)

CITY OF MINOT, North Dakota, Plaintiff and Appellee, v. William C. RUBBELKE, Defendant and Appellant.

Supreme Court of North Dakota.

June 1, 1990.

Attorney(s) appearing for the Case

Schoppert Law Firm, Minot, for defendant and appellant; argued by Thomas K. Schoppert.

Mark Ashley Flagstad, City Prosecutor, Minot, for plaintiff and appellee.

GIERKE, Justice.

William Rubbelke appeals from a county court order which denied his motion for a new trial. We affirm.

On July 19, 1989, Rubbelke was found guilty by a six-person jury of driving under the influence of intoxicating liquor. Rubbelke promptly filed a motion for a new trial arguing that the trial court's reasonable doubt jury instruction was improper and prejudicial, thereby providing adequate grounds for a new trial. The reasonable doubt instruction...

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