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CITY OF BISMARCK v. McCORMICK

No. 20110239.

813 N.W.2d 599 (2012)

2012 ND 53

CITY OF BISMARCK, Plaintiff and Appellant v. Daniel J. McCORMICK, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied April 10, 2012.

Attorney(s) appearing for the Case

Paul H. Fraase , City Prosecutor, Bismarck, ND, for plaintiff and appellant.

Michael R. Hoffman , Bismarck, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] The City of Bismarck appealed from a district court order granting Daniel J. McCormick's post-trial motion for a judgment of acquittal. We reverse the district court order and remand for further proceedings consistent with this opinion.

I.

[¶ 2] On November 17, 2010, McCormick was charged with driving under the influence in violation of a Bismarck city ordinance. McCormick pled not guilty and requested...

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