State v. Shipton

PEDERSON, Justice.

After a bench trial Shipton was convicted of driving while under the influence of intoxicating liquor, in violation of § 39-08-01, NDCC. On appeal, he argues that the court committed reversible error in denying his motion to compel discovery of the arresting officer’s report and in denying his motion for judgment of acquittal on the ground of insufficient evidence. We do not agree and, accordingly, affirm the conviction.

At about 1:00 a.m. on October 17, 1982, North Dakota Highway Patrolman Dale Elbert observed Shipton traveling south on U.S. Highway 52 just north of…