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STATE v. VOGAN

Crim. No. 561.

243 N.W.2d 382 (1976)

STATE of North Dakota, Plaintiff and Appellee, v. James O. VOGAN, Defendant and Appellant.

Supreme Court of North Dakota.

June 23, 1976.

Attorney(s) appearing for the Case

Kent A. Higgins, Bismarck, for defendant and appellant.

Richard L. Schnell, State's Atty., and Thomas M. Tuntland, Asst. State's Atty., Mandan, for plaintiff and appellee; argued by Richard L. Schnell.

PEDERSON, Justice.

Vogan was convicted on April 21, 1976, of committing simple assault. He was sentenced to serve twenty-one days in jail and to pay $1,368.50 in costs. Imprisonment was to commence on May 3. On April 29 Vogan's counsel filed a notice of appeal with the clerk of the trial court pursuant to Rule 4(b), N.D.R.App.P. Vogan has not appeared to serve the sentence or to pay the costs. Neither he nor his attorney has taken any steps to implement the appellate...

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