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STATE v. NOVAK

Cr. No. 937.

338 N.W.2d 637 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Donald D. NOVAK, Defendant and Appellant.

Supreme Court of North Dakota.

October 3, 1983.

Attorney(s) appearing for the Case

Nicholas B. Hall, State's Atty., Grafton, for plaintiff and appellee; submitted on brief.

Dahl, Greenagel, Currie, Geiger & Petersen, Grafton, for defendant and appellant; submitted on brief.

PEDERSON, Justice.

Donald Novak was convicted of being in physical control of a motor vehicle while under the influence of alcohol, a class B misdemeanor (§ 39-08-01(2), NDCC). Novak appeals, contending that he was not in a public or private area to which the public has a right of access for vehicular use. We do not agree and, accordingly, affirm the judgment of conviction.

Highway Patrolman Neil Johnson, while on routine patrol the evening of December...

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