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STATE v. HANSON

Cr. No. 584.

252 N.W.2d 872 (1977)

STATE of North Dakota, Plaintiff and Appellant, v. L. S. HANSON, a/k/a Leonard S. Hanson, Defendant and Appellee.

Supreme Court of North Dakota.

April 25, 1977.

Attorney(s) appearing for the Case

David L. Peterson, Sp. Asst. Atty. Gen., Bismarck, for plaintiff and appellant State of North Dakota.

Kermit Edward Bye, Vogel, Vogel, Brantner & Kelly, Fargo, for defendant and appellee.

VOGEL, Justice.

Although in form only a motion to dismiss an appeal, the matter before us involves questions of considerable importance.

The appellee, a sheriff, was charged with the crime of reckless endangerment, under Section 12.1-17-03, N.D.C.C.:

"A person is guilty of an offense if he creates a substantial risk of serious bodily injury or death to another. The offense is a class C felony if the circumstances manifest his extreme indifference...

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