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STATE v. McINTYRE

Cr. No. 910255.

488 N.W.2d 612 (1992)

STATE of North Dakota, Plaintiff and Appellee, v. Richard Eugene McINTYRE, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

June 26, 1992.

Attorney(s) appearing for the Case

Bruce B. Haskell (argued), Asst. State's Atty., Bismarck, for plaintiff and appellee.

Michael Ray Hoffman (argued), Bismarck, for defendant and appellant.

LEVINE, Justice.

Richard Eugene McIntyre, Jr., appeals from a criminal conviction of simple assault. We reverse and remand for a new trial.

Bismarck Police Officer, Kenan Kaizer, observed McIntyre drinking from a beer bottle when McIntyre got out of the driver's side of his vehicle after parking it at a local Mini Mart. Officer Kaizer immediately checked and determined that McIntyre's driver's license had been suspended. When McIntyre drove his vehicle from...

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