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STATE v. SHEPARD

No. C8-90-2287.

481 N.W.2d 560 (1992)

STATE of Minnesota, Appellant, v. Leona Faye SHEPARD, Respondent.

Supreme Court of Minnesota.

March 13, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Earl E. Maus, Cass County Atty., Jon P. Eclor, Asst. County Atty., Walker, for appellant.

Jay E. Sommer, Pine River, for respondent.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

Around 6:30 p.m. on November 19, 1989, defendant "rolled" her pickup truck while driving from Pine River to her home. It was undisputed that defendant was under the influence of alcohol when she was questioned by a sheriff's deputy about the accident at 8:30 p.m. The issue for the jury was whether defendant was under the influence at the time of the accident. Defendant claimed in her testimony that she was under the influence only as a result of alcohol...

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