STATE v. GAHNER

Criminal No. 960136.

554 N.W.2d 818 (1996)

STATE of North Dakota, Plaintiff and Appellee, v. Theodore GAHNER, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

October 22, 1996.


Attorney(s) appearing for the Case

Gerald A. Kuhn, State's Attorney, Napoleon, for plaintiff and appellee. Submitted on brief.

James A. Wentz of Kropp Law Office, Jamestown, for defendant and appellant. Submitted on brief.


MESCHKE, Justice.

Theodore Gahner, Jr. appeals from a conviction for actual physical control of a motor vehicle and from the trial court's denial of his motion to suppress evidence. We affirm the order denying suppression and the judgment of conviction.

On September 10, 1995, near 1:00 a.m., Officer Paul Olson was on patrol north of Napoleon. As he approached the parking lot of the livestock sales barn, Olson saw a lone car backing up to a parked trailer....

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