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STATE v. COLLINS

Cr. No. 602.

261 N.W.2d 878 (1977)

STATE of North Dakota, Plaintiff and Appellee, v. Richard COLLINS, Defendant and Appellant.

Supreme Court of North Dakota.

December 19, 1977.

Attorney(s) appearing for the Case

John M. Olson, State's Atty., Bismarck, for plaintiff and appellee State of North Dakota; argued by Rolf P. Sletten, Asst. State's Atty., Bismarck.

Duane E. Houdek, of Houdek & Wolberg, Bismarck, for defendant and appellant.

VOGEL, Justice.

This is an appeal from a conviction, after a trial to the court, for possession of marijuana, a controlled substance, in violation of Section 19-03.1-23, subsection 3, N.D.C.C., 1975 Supplement, providing:

"Any person who violates this subsection is guilty of a class C felony; except that any person who violates this subsection regarding possession of marijuana, shall be guilty of a class A misdemeanor...

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