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STATE v. FRYE

Crim. No. 551.

245 N.W.2d 878 (1976)

STATE of North Dakota, Plaintiff and Appellee, v. James Edward FRYE, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 15, 1976.

Attorney(s) appearing for the Case

David L. Drey, State's Atty., and R. James Maxson, Asst. State's Atty., Minot, for plaintiff and appellee; argued by Mr. Drey.

Ella Van Berkom, Minot, for defendant and appellant.

ERICKSTAD, Chief Justice.

James E. Frye appeals from a judgment of the Ward County District Court based upon a jury verdict which found him guilty of theft of property, a violation of Section 12.1-23-02, N.D.C.C. The conviction was of a class C felony under Section 12.1-23-05, N.D.C.C., the value of the property being in excess of one hundred dollars. He was sentenced to serve three years in the North Dakota State Penitentiary.

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