STATE v. COOK

Cr. No. 443.

209 N.W.2d 888 (1973)

STATE of North Dakota, Plaintiff, v. James COOK, Defendant.

Supreme Court of North Dakota.

Rehearing Denied May 4, 1973.


Attorney(s) appearing for the Case

Allen I. Olson, Atty. Gen., Bismarck, and Richard B. Thomas, Ward County State's Atty., Minot, for plaintiff.

Bosard, McCutcheon, Kerian, Schmidt & Holum, Minot, for defendant.


TEIGEN, Judge.

The defendant has moved that this court rescind its order of January 4, 1973, appointing the Honorable Eugene A. Burdick, District Judge, as the trial judge in the above captioned case.

The motion is grounded on the claim that the demand for a change of judge, made by the State pursuant to Section 29-15-21, N.D.C.C., erroneously stated that the previously assigned judge had not ruled upon any matter pertaining to the action or proceeding on...

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