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STATE v. FLOHR

Cr. No. 732.

301 N.W.2d 367 (1980)

STATE of North Dakota, Plaintiff and Appellee, v. James P. FLOHR, Sr., Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied January 8, 1981.

Attorney(s) appearing for the Case

James M. Vukelic, State's Atty., Mott, for plaintiff and appellee.

Greenwood, Greenwood & Greenwood, Dickinson, for defendant and appellant; argued by Diane Melbye, Dickinson.

PEDERSON, Justice.

James P. Flohr, Sr., was convicted for delivery of an alcoholic beverage to a minor, § 5-01-09, NDCC. We reverse and remand for retrial.

The case was tried to a six-person jury in the Stark County Court With Increased Jurisdiction. Flohr now seeks a new trial for the following reasons:

(1) That amendment of Rule 12.1 of the North Dakota Rules of Criminal Procedure was in this case ex post facto in violation of Article I, Section...

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