STATE v. SCHUH

Cr. No. 920194.

496 N.W.2d 41 (1993)

STATE of North Dakota, Plaintiff and Appellant, v. Deborah Ann SCHUH, Defendant and Appellee.

Supreme Court of North Dakota.

February 23, 1993.


Attorney(s) appearing for the Case

Allen M. Koppy, State's Atty., Mandan, for plaintiff and appellant.

Wayne D. Goter, Bismarck, for defendant and appellee.


LEVINE, Justice.

The State appeals from an order granting Deborah Ann Schuh's motion for a new trial following her conviction by a jury of actual physical control of a motor vehicle. We affirm.

A Morton County Deputy Sheriff, responding to a report of a stranded vehicle in the early morning hours of December 3, 1991, found a car stuck in a grove of trees beyond the paved end of a dead-end roadway. Schuh was inside the stranded vehicle, slumped over its steering...

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