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#11
December 9th 03, 06:20 AM
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Lynn Melrose wrote in
: ... "Here, the defendant was also found asleep in the driver’s seat of a car in a parking lot with the engine running. Moreover, the defendant testified at trial that he unlocked the door, sat in the driver’s seat, pushed the clutch in, moved the gear selector to neutral, started the engine and turned on the heater. Given these facts and the reasonable inferences therefrom, a rational trier of fact could find beyond a reasonable doubt that the defendant was in actual physical control of the car before he fell asleep. See Willard, 139 N.H. at 571." _______ OK, now THAT's outrageous! -- ET  "A common mistake people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools."---- Douglas Adams 
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