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STATE v. GAGNON

Cr. No. 428.

207 N.W.2d 260 (1973)

STATE of North Dakota, Plaintiff and Respondent, v. Rejean GAGNON, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 11, 1973.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Bismarck, and Rodney S. Webb, State's Atty., Grafton, for plaintiff and respondent State of North Dakota.

Richard B. Bear, Bismarck, for defendant and appellant.

STRUTZ, Chief Justice.

The defendant was charged with possession of a controlled substance, to wit, thirty pounds of marijuana, with intent to deliver the same, contrary to law. He was tried to a jury, was convicted of mere possession of a controlled substance, and was sentenced to serve one year in the State Penitentiary commencing on the fourth day of April 1972.

He filed a timely notice of appeal, but took no...

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