CITY OF WILLISTON v. HEGSTAD

Criminal No. 960173.

562 N.W.2d 91 (1997)

1997 ND 56

CITY OF WILLISTON, Plaintiff and Appellee, v. Glen D. HEGSTAD, Defendant and Appellant.

Supreme Court of North Dakota.

April 1, 1997.


Attorney(s) appearing for the Case

Cathy Lynn Howe Schmitz, City Prosecutor, Williston, for plaintiff and appellee.

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


VANDE WALLE, Chief Justice.

[¶ 1] Glen D. Hegstad appealed from a judgment of conviction for being in actual physical control of a motor vehicle with a blood alcohol concentration of at least ten one-hundredths of one percent, in violation of a Williston ordinance. Because the prosecuting attorney gave improper closing argument, we reverse and remand for a new trial.

[¶ 2] Mark McNamee, a Williston police officer, testified that on December 30, 1995...

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