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STATE v. BEATON

Cr. No. 930322.

516 N.W.2d 645 (1994)

STATE of North Dakota, Plaintiff and Appellee, v. Daniel Lucian BEATON, Defendant and Appellant.

Supreme Court of North Dakota.

May 19, 1994.

Attorney(s) appearing for the Case

Mark Rainer Boening, Asst. State's Atty., Fargo, for plaintiff and appellee.

Robin L. Olson, Nelson Law Office, Fargo, for defendant and appellant.

VANDE WALLE, Chief Justice.

Daniel Lucian Beaton appealed from a judgment of conviction entered upon a jury verdict finding him guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor.1 We conclude that Beaton's statements refusing to submit to a chemical test to determine his blood alcohol content should not have been admitted into evidence. We reverse the judgment and remand for...

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