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ALBAUGH v. STATE

No. 24S05-9812-CR-00777.

721 N.E.2d 1233 (1999)

William E. ALBAUGH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 17, 1999.

Attorney(s) appearing for the Case

Jack R. Shields, Batesville, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Rosemary Borek, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

William Albaugh's pickup broke down one evening shortly before Christmas. He walked home and he and his girlfriend began drinking. Five hours later, a police officer appeared and told him to move his truck. When Albaugh did so, the officer arrested him for driving while intoxicated. We reverse Albaugh's conviction, holding that the State failed to meet its burden of proving that the officer did not cause Albaugh...

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