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STATE v. SICKLER

No. 17622.

488 N.W.2d 70 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. Shelby G. SICKLER, Sr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 22, 1992.

Rehearing Denied August 27, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Pierre, Jeffrey P. Masten, Lincoln County State's Atty., Canton, for plaintiff and appellee.

Eugene J. Irons, Canton, for defendant and appellant.

MILLER, Chief Justice.

Shelby Sickler appeals his conviction of driving of a vehicle while under the influence of alcohol. We affirm.

FACTS

During the late afternoon of October 17, 1990, Marlyn Jacobsen, a county highway employee, was driving east on Highway 18 (near Canton, South Dakota) when he observed a 1976 Chevy pickup stopped in the driving lane. After Jacobsen passed the pickup, it began moving again. Jacobsen noticed the pickup was being...

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