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STATE v. SIMONSEN

No. 37,373.

252 Minn. 315 (1958)

89 N.W. (2d) 910

STATE v. ADRIAN O. SIMONSEN.

Supreme Court of Minnesota.

May 2, 1958.

Attorney(s) appearing for the Case

Larson, Loevinger, Lindquist, Freeman & Fraser and Gerald E. Magnuson, for appellant.

Charles A. Sawyer, City Attorney, and Milton Gershin, Assistant City Attorney, for respondent.

NELSON, JUSTICE.

This appeal is from an order denying defendant's motion for an amended finding of not guilty or for a new trial. Adrian O. Simonsen was found guilty of driving an automobile on the afternoon of May 31, 1957, while under the influence of intoxicating liquor. He was charged with violating Minneapolis City Charter and Ordinances (Perm. ed.) 9:1-303, which reads as follows:

"It is unlawful for any person...

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