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STATE v. McMORROW

Cr. No. 691.

286 N.W.2d 284 (1979)

STATE of North Dakota, Plaintiff and Appellee, v. Patrick McMORROW, Defendant and Appellant.

Supreme Court of North Dakota.

November 28, 1979.

Attorney(s) appearing for the Case

Larry E. Stern, Asst. State's Atty., Fargo, for plaintiff and appellee State of North Dakota.

Robert A. Ramlo, of Ramlo, Anderson & Associates, Fargo, for defendant and appellant.

VANDE WALLE, Justice.

After a jury trial in the Cass County Court of Increased Jurisdiction, the defendant, Patrick McMorrow, was convicted of the crime of criminal mischief in violation of Section 12.1-21-05, N.D.C.C.1 He appeals his conviction and the order denying his motion for a new trial. We reverse and remand.

In September 1978 the State's Attorney of Cass County approved the filing of a complaint in the County Court of...

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