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STATE v. HOWE

Cr. No. 555.

247 N.W.2d 647 (1976)

STATE of North Dakota, Plaintiff and Appellant, v. Henry H. HOWE, Defendant and Appellee.

Supreme Court of North Dakota.

November 26, 1976.

Attorney(s) appearing for the Case

Dale V. Sandstrom, Asst. Atty. Gen., Bismarck, for plaintiff and appellant.

Lundberg, Nodland & Schulz, Bismarck, for defendant and appellee; argued by Irvin B. Nodland, Bismarck.

SAND, Justice.

This is an appeal by the State from an order issued by the Barnes County district court dismissing the criminal information in which the defendant, Henry Howe, was charged with tampering with a witness in violation of § 12.1-09-01, North Dakota Century Code.

The charge was based upon a telephone call by the defendant to Mrs. Linda Rohde on the afternoon of July 9, 1975. Mrs. Rohde had previously signed a criminal complaint against Diane...

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