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STATE v. LENDE

Cr. No. 415.

190 N.W.2d 52 (1971)

STATE of North Dakota, Plaintiff and Respondent, v. Donald LENDE, Sr., Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 1, 1971.

Attorney(s) appearing for the Case

Eugene A. Kruger, State's Atty., and William D. Yuill, Asst. State's Atty., Fargo, for State of North Dakota.

P. W. Lanier, Jr., of Lanier & Knox, Fargo, for defendant and appellant.

CLIFFORD JANSONIUS, District Judge.

This is an appeal from a judgment of conviction. The defendant was charged with the crime of assault and battery upon a peace officer, a charge established by the 1969 Legislature.

Section 12-26-04, N.D.C.C., as amended, reads:

"Any person convicted of assault or assault and battery shall be guilty of a misdemeanor, except that if such offense is committed upon a peace...

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