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STATE v. HORNADAY

Cr. No. 910101.

477 N.W.2d 245 (1991)

STATE of North Dakota, Plaintiff and Appellee, v. Lane A. HORNADAY, Defendant and Appellant.

Supreme Court of North Dakota.

November 15, 1991.

Attorney(s) appearing for the Case

Mark A. Flagstad, Asst. State's Atty., Minot, for plaintiff and appellee.

Richard L. Hagar, of Kenner Law Firm, PC, Minot, for defendant and appellant.

VANDE WALLE, Justice.

Lane Hornaday appealed from a judgment of conviction of actual physical control of a vehicle while under the influence of intoxicating liquor or with a blood alcohol content in excess of .10 percent. We affirm.

In the early morning hours of June 3, 1989, Officer Stenson of the Minot Police Department observed a vehicle in the parking lot of the Town & Country shopping center in Minot. The three individuals in the vehicle appeared...

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