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STATE v. KLODT

Cr. No. 727.

298 N.W.2d 783 (1980)

STATE of North Dakota, Plaintiff and Appellee, v. John Joseph KLODT, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 21, 1980.

Attorney(s) appearing for the Case

Kent M. Morrow, Asst. State's Atty., Watford City, for plaintiff and appellee State of North Dakota (on brief).

James L. Taylor, Watford City, for defendant and appellant (on brief).

VANDE WALLE, Justice.

John Joseph Klodt appeals from a judgment of conviction1 of the crime of theft of property, a Class C felony, in McKenzie County district court after a trial to the court without a jury. We affirm.

The State and Klodt, through their respective counsel, have entered into a stipulation of facts and of record for appeal. The pertinent part of that stipulation is as follows:

"That on or about the 20th...

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