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STATE v. MURPHY

Cr. No. 940195.

527 N.W.2d 254 (1995)

STATE of North Dakota, Plaintiff and Appellee, v. James William MURPHY, Defendant and Appellant.

Supreme Court of North Dakota.

February 8, 1995.

Attorney(s) appearing for the Case

Donald T. Campbell, third year law student, and Alan Scott Dohrmann (appearance), Asst. State's Atty. for Grand Forks County, Fargo, for plaintiff and appellee.

Robert J. Woods, of Woods Legal Services, Forest River, for defendant and appellant.

SANDSTROM, Justice.

James W. Murphy has appealed a county court judgment of conviction entered upon a jury verdict finding him guilty of driving under the influence of intoxicating liquor. Murphy contends the trial court should have instructed the jury he had an absolute right to refuse a chemical test. We affirm.

I

On June 14, 1993, a North Dakota Highway Patrol officer observed Murphy driving a vehicle with a defective taillight. When Murphy got...

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