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STATE v. CARPENTER

Cr. No. 737.

301 N.W.2d 106 (1980)

STATE of North Dakota, Plaintiff and Appellant, v. Bruce CARPENTER, Defendant and Appellee.

Supreme Court of North Dakota.

December 19, 1980.

Attorney(s) appearing for the Case

John M. Olson, State's Atty., and Gail H. Hagerty, Asst. State's Atty., Bismarck, for plaintiff and appellant; argued by Richard Tessier, Senior Law Student.

Ralph A. Vinje, Bismarck, for defendant and appellee.

PAULSON, Justice.

The State appeals from a dismissal of a criminal information against Bruce Carpenter [hereinafter "Carpenter"] by the Burleigh County District Court. The district court held that § 6-08-16.2 of the North Dakota Century Code violated due process and equal protection under the Fourteenth Amendment to the United States Constitution and Article I, §§ 11, 13, and 20 of the North Dakota Constitution. We affirm the judgment of the district...

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