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STATE v. PHELPS

Crim. No. 692-A.

297 N.W.2d 769 (1980)

STATE of North Dakota, Plaintiff/Appellee, v. Michael Wayne PHELPS, Defendant/Appellant.

Supreme Court of North Dakota.

October 6, 1980.

Attorney(s) appearing for the Case

Bair, Brown & Kautzmann, Mandan, for defendant and appellant; argued by Dwight C. H. Kautzmann.

Thomas M. Tuntland, State's Atty., Mandan, for plaintiff and appellee.

PAULSON, Justice.

Michael Wayne Phelps appeals from a judgment of conviction entered against him by the Morton County District Court. On March 5, 1980, a 12—member jury rendered guilty verdicts against Phelps on the charges of arson and burglary. Previously the State had appealed from an order of the Morton County District Court that directed certain evidence to be suppressed as the result of an illegal search and seizure. In State v. Phelps,

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