City of Brookings v. Jensen

COLER, Justice.

Appellant was found guilty by a jury and convicted of driving while intoxicated in contravention of an ordinance of the City of Brookings. We reverse.

Appellant was arrested at approximately 2:13 a.m. on March 29, 1973. The first appeal, #11393, was dismissed as no final judgment of conviction had yet been entered. Subsequently, on November 25,1974, the judgment of conviction and sentence was entered and the appeal was allowed.

Appellant’s assignments of error involve the trial court’s (1) refusing to grant appellant’s motion that no evidence in respect to appellant’s refusal to…