STATE v. REMACLE

No. 15012.

386 N.W.2d 38 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Ronald J. REMACLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 16, 1986.


Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Thomas M. Issenhuth, of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellant.


WUEST, Justice.

This is an appeal from a conviction of being in actual physical control of a motor vehicle while having 0.10 percent or more by weight of alcohol in the blood, in violation of SDCL 32-23-1. We affirm the conviction.

On December 20, 1984, at approximately 3:00 a.m., while on routine patrol in Howard, South Dakota, police officer Charles Addy (Addy) came upon a vehicle parked in an alley. Addy testified that although the vehicle was not running...

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