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CITY OF MANDAN v. BAER

Criminal No. 970127.

578 N.W.2d 559 (1998)

1998 ND 101

CITY OF MANDAN, Plaintiff and Appellee, v. Richard B. BAER, Defendant and Appellant.

Supreme Court of North Dakota.

May 20, 1998.

Attorney(s) appearing for the Case

Allen M. Koppy, State's Attorney, Mandan, for plaintiff and appellee.

Thomas M. Tuntland, Mandan, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Richard B. Baer appealed from the Judgment of Conviction of the Morton County District Court issued following a jury verdict of guilty for Driving Under the Influence of Alcohol. We reverse and remand this case for a new trial because the district court erred in excusing a prospective juror during jury selection in the absence of the accused and his counsel.

I

[¶ 2] Richard Baer was arrested and charged...

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