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STATE v. HART

Cr. 366.

162 N.W.2d 499 (1968)

STATE of North Dakota, Plaintiff and Appellant, v. R. M. HART, President of the First American Bank and Trust Company, Bismarck, North Dakota, Defendant and Respondent.

Supreme Court of North Dakota.

November 15, 1968.

Attorney(s) appearing for the Case

Gerald W. VandeWalle, Asst. Atty. Gen., Dale Jensen, State's Atty., and William Heigaard, Asst. State's Atty., Bismarck, for plaintiff-appellant.

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for defendant-respondent.

DOUGLAS B. HEEN, District Judge.

The State of North Dakota appeals from an order of the Burleigh County Court of Increased Jurisdiction quashing an amended criminal complaint which charged the defendant with paying interest at a greater rate than authorized by the State Banking Board. N.D.C.C. § 6-03-63.

At the outset of proceedings in this court the defendant moved for dismissal of the State's appeal on the ground that the

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