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STATE v. LAMB

Cr. No. 950105.

541 N.W.2d 457 (1996)

STATE of North Dakota, Plaintiff and Appellee, v. Donald P. LAMB, Defendant and Appellant.

Supreme Court of North Dakota.

January 5, 1996.

Attorney(s) appearing for the Case

David T. Jones (appearance), Assistant State's Attorney, Grand Forks, for plaintiff and appellee. Argued by Faye Jasmer, third year law student.

Thomas K. Schoppert, Schoppert Law Firm, Minot, for defendant and appellant.

VANDE WALLE, Chief Justice.

Donald Lamb appealed from a judgment of conviction entered upon a jury verdict finding him guilty of driving while under the influence of intoxicating liquor. Because we find prejudicial error in the trial court's failure to read its instructions to the jury, we reverse and remand for further proceedings.

On December 10, 1994, North Dakota Highway Patrolman Craig Klosterman stopped Lamb for speeding. Klosterman observed indicia...

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