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STATE v. NICOLA

Crim. No. 407.

182 N.W.2d 870 (1971)

The STATE of North Dakota, Plaintiff and Respondent, v. Kenneth NICOLA, Defendant and Appellant.

Supreme Court of North Dakota.

January 20, 1971.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., John E. Adams, Asst. Atty. Gen., and William G. Engelter, Asst. State's Atty., Bismarck, for plaintiff and respondent State of North Dakota.

Zuger, Bucklin, Kelsch & Zuger, Bismarck, for defendant and appellant.

STRUTZ, Chief Justice.

The defendant was charged with the crime of desecrating a flag of the United States, committed by allegedly exposing to public view a representation of the flag of the United States upon which there was found a "peace" symbol on the field of blue where the stars representing the States of the Union normally appear. He was tried before the Honorable W. J. Austin, judge of the Burleigh County Court of Increased Jurisdiction, and was found guilty...

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