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STATE v. JOHNSON

Cr. No. 333.

142 N.W.2d 110 (1966)

STATE of North Dakota, Plaintiff and Respondent, v. Bernard William JOHNSON, Defendant and Appellant.

Supreme Court of North Dakota.

April 27, 1966.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Bismarck, and Richard B. Thomas, State's Atty., Minot, for plaintiff and respondent.

Ella Van Berkom, Minot, for defendant and appellant.

TEIGEN, Chief Justice.

On September 3, 1965, the defendant moved the District Court of Ward County for the dismissal of a criminal action brought against him on the following ground:

That the Defendant, Bernard William Johnson, was on the 19th day of September, 1961, held to answer for a public offense, to-wit, burglary; that no information has been filed, nor indictment found against him at the next general term...

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